Ahmed Sher alias Sheri Bhatti vs The State, etc.
This matter arises from a petition for leave to appeal filed against the dismissal of the petitioner's application under Section 426(2-B) of the Code of Criminal Procedure 1898 by the Lahore High Court, where both courts below concurred in finding the petitioner guilty of causing a fatal firearm injury to the deceased. The core legal question was whether the High Court was justified in refusing suspension of sentence and dismissal of the application for release pending appeal where concurrent findings of guilt existed. The Supreme Court held that the High Court was quite justified in dismissing the application given the concurrent findings and the specific attribution of the fatal injury to the petitioner. The key principle laid down is that where concurrent findings establish guilt regarding a fatal firearm injury, appellate courts are justified in declining suspension of sentence under Section 426(2-B) pending the reappraisal of evidence.
- Is a High Court justified in dismissing an application for suspension of sentence under Section 426(2-B) of the Code of Criminal Procedure 1898 where courts below have concurrently found the accused guilty of a fatal firearm injury?
- Can leave to appeal be granted to reappraise evidence when two courts below have concurred in establishing the petitioner's guilt beyond reasonable doubt?
- Section 426(2-B), Code of Criminal Procedure 1898
ORDER
1. ASIF SAEED KHAN KHOSA, J. --- Leave to appeal had been granted by this Court to reappraise the evidence which exercise is yet to be undertaken by this Court. The petitioner was attributed the fatal fire-arm injury to the deceased on his chest and both the learned Courts below had concurred in their conclusion that the prosecution had succeeded in establishing the petitioner's guilt beyond reasonable doubt. In these circumstances we have found the learned Division Bench of the Lahore High Court, Lahore to be quite justified in dismissing the petitioner's application filed under Section 426(2-B), Cr.P.C. This petition is, therefore, dismissed and leave to appeal is refused.