MUHAMMAD SHAFI Versus STATE

ORDER

1. JAVID IQBAL, J.- -This petition for leave to appeal has been filed by Mohammad Shafi petitioner and is directed against the order of a Division Bench of the Lahore High Court, Lahore dated 9 May 1987 which dismissed his application for suspension of sentence and grant of bail.

2. The petitioner alongwith two others was convicted under sections 302/34 P.P.C. and was sentenced to life imprisonment plus fine. The allegation against him is that he alongwith his companions, all armed with hatchets, had inflicted injuries to the deceased from behind. The appeal of the petitioner against his conviction and sentence is pending before the Lahore High Court, Lahore. He moved an application under section 426 Cr.P.C. for the suspension of his sentence and grant of bail pending the disposal of the appeal on the grounds that the ocular testimony suffered from infirmities and contradictions and that the recovery evidence was supported by partisan and interested witnesses. But the Lahore High Court, Lahore dismissed his application for the reason that the arguments advanced by the counsel required deeper appreciation of evidence.

3. The learned counsel for the petitioner has raised the same arguments before us. But in our view it is not a fit case for interference in the exercise of the discretion by the Lahore High Court, Lahore. In that view of the matter this petition is dismissed.

4. M.I. /M-271/5 Petition dismissed.