MUHAMMAD ASLAM Versus STATE

ORDER

ASLAM RIAZ HUSSAIN, J. --Petitioner seeks leave to appeal against the order of the Lahore High Court dated 12-4-1987 dismissing his application for suspension of sentence, under section 426 Cr.P.C. He was sentenced to imprisonment for life under section 302 P.P.C. Feeling aggrieved he has filed an appeal before the Lahore High Court. Alongwith the appeal he filed an application for suspension of sentence, which was dismissed by the High Court a short order which reads as follows:-

"Arguments heard.

2. No good grounds appear for the admission of this petition, which is dismissed in limine.

The contention raised by the learned counsel for the petitioner is that the impugned order is bad in law inasmuch as it does not give any reasons for dismissing petitioner's application. For this he relied on the wording of S.426(1) Cr.P.C. which reads as follows:-

426. Suspension of sentence pending appeal. --(1) Pending any appeal by a convicted person the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail or on his own bond."

A plain reading of the said section would show that the contention raised by the petitioner's counsel is misconceived. The High Court is required by this section to record reasons only where it accepts the application for suspension of sentence. In other words the intention of the legislature is that the convict should not ordinarily be released on bail but if the court does choose to release him on bail it must record reasons therefore.

With the above observation the petition is dismissed as having no merit.

M. I. /M-286/S Petition dismissed.