ABDUR RASHID Versus STATE

ORDER

1. JAVID IQBAL, J.- -This petition for leave to appeal has been filed by Abdur Rashid petitioner against an order dated 2nd August, 1987 passed by a Division Bench of the Lahore High Court Lahore refusing his prayer to suspend his sentence pending disposal of his appeal against his conviction and sentence which had not been fixed for hearing by the High Court so far.

2. The petitioner has been convicted under section 302/34, P.P.C. and sentenced to imprisonment for life plus fine by the trial Court) vide judgment dated 6th December, 1982. His appeal is pending in the High Court. It was fixed for hearing on numerous dates during this year but could not be disposed of for one reason or the other. The petitioner moved numerous applications for suspension of his sentence but the court was not inclined to suspend his sentence. Now it has been directed that the appeal be fixed for final hearing in the first week of October, 1987.

3. Learned counsel for the petitioner argues that under section 426, Cr.P.C. when a convict has been awarded the sentence of imprisonment for life and 1whose appeal has not been decided within a period of two years of his conviction and sentence, the appellate Court i.e. the High Court in the present case can suspend his sentence and admit him to bail.

4. We have heard learned counsel. The power which this section confers is subject to subsection (1-A) of section 426 of the Code of Criminal Procedure. We do not consider it to be a fit case to interfere in the exercise of the discretion of the High Court. As a result this petition is dismissed.

5. S . Q . / A-124/ S Petition dismissed.