Pakistan Case Law
2003 SCMR 911

GHULAM ABBAS Versus THE STATE

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Citation2003 SCMR 911
CourtSupreme Court of Pakistan
Case No.Criminal Petition No.771-L of 2001
Date2002-03-21
Judge(s)Munir A. Sheikh, Khalil-ur-Rehman Ramday and Faqir Muhammad Khokhar
ResultLeave refused
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition for leave to appeal filed against the impugned judgment of the High Court, wherein the petitioner sought the suspension of his sentence of life imprisonment under Section 426 of the Code of Criminal Procedure 1898. The core legal question was whether the High Court correctly declined to suspend the sentence on the ground that considering the petitioner's contentions would involve a deeper appraisal of evidence, which is impermissible at the stage of suspension of sentence. The Supreme Court of Pakistan held that the discretion exercised by the High Court in declining the prayer for suspension of sentence was based on relevant and valid considerations, and thus warranted no interference. The key principle laid down is that a deeper appraisal of evidence is not permissible when deciding an application for the suspension of sentence under Section 426 of the Code of Criminal Procedure 1898, and the appellate court's valid exercise of discretion in this regard will not be disturbed.

Questions settled in this judgment
  • Whether a deeper appraisal of evidence is permissible while deciding an application for suspension of sentence under Section 426 of the Code of Criminal Procedure 1898?
  • Can the Supreme Court interfere with the High Court's discretion to decline the suspension of a sentence when based on relevant and valid considerations?
Laws & provisions referred
  • Section 426, Code of Criminal Procedure 1898
suspension of sentencelife imprisonmentappraisal of evidencecriminal proceduresupreme court review

ORDER

MUNIR A. SHEIKH, J,--- Learned counsel for the petitioner reiterated the contentions as noted in paragraph 5 in the impugned judgment for suspension of sentence of life imprisonment of the petitioner. Learned Judge of the High Court held that the consideration of those contentions would involve deeper appraisal of evidence which is not permissible under section 426, Cr.P.C. at the stage of deciding about the question of suspension of sentence.

2. The discretion has been exercised by the learned Judge of the High Court to decline prayer of the suspension of sentence on relevant considerations which are valid, therefore, no case has been made out for E interference by this Court.

3. Resultantly, this petition is dismissed and leave refused.

N.H.Q/G-1.22/S

Leave refused.

Cited by 1 case

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