ZAHOOR IQBAL and others vs THE STATE
This petition for leave to appeal arises from an order of the Lahore High Court, which dismissed the petitioners' request for the suspension of their sentences. The petitioners had been convicted and sentenced to ten years of rigorous imprisonment, along with a fine, by the Punjab Special Court for offences under sections 392 and 397 of the Pakistan Penal Code 1860. The core legal question before the Supreme Court was whether the High Court correctly exercised its discretion in refusing to suspend the sentences pending the final adjudication of the petitioners' appeal. The Supreme Court held that the petition lacked substance, noting that no valid grounds were presented to warrant the suspension of the sentences. The Court further clarified that the legal question regarding the applicability of section 397 of the Pakistan Penal Code 1860 to the petitioners' case pertains to the merits of the conviction and must be debated and adjudicated upon by the appellate court during the hearing of the main appeal. Consequently, the petition for leave to appeal was dismissed.
- Does the question of the applicability of Section 397 of the Pakistan Penal Code 1860 constitute a valid ground for the suspension of a sentence pending appeal?
- Is the Supreme Court required to adjudicate on the merits of a conviction during a petition for leave to appeal against an order refusing the suspension of a sentence?
- Section 392, Pakistan Penal Code 1860
- Section 397, Pakistan Penal Code 1860
ORDER
' ALI HUSSAIN QAZILBASH, J.--This petition for leave to appeal arises from the order of a learned Division Bench of the Lahore High Court, Rawalpindi Bench, dated 27-3-1989, whereby the petition filed by the petitioners for suspension of their sentence was dismissed.
2. The petitioners were charged and tried for offences under section 392/397, P.P.C. By the Punjab Special Court No,7 at Rawalpindi and vide order dated 21-6-1988 were sentenced to 10 years' R.I.
With a fine of Rs,10,000 each or in default to further two years' R.I. Against their conviction and sentence the petitioners filed an appeal in the High Court and a prayer was made for the suspension of the sentence. This prayer was turned down twice earlier.
3. We have heard the learned counsel for the petitioners and we do not find any substance in the petition in hand. The petitioners have been sentenced to 10 years R.I. And no ground has been made out for suspension of the sentence. The question whether the petitioners could be sentenced under section 397 P.P.C. Is a matter which touches upon the merits of the case and can be debated and adjudicated upon in the appellate Court.
4. This petition is thus dismissed.