ABDULLAH BALOCH, J. This application has been moved by the applicant (convict) Shams-ul-Islam Son of Abdul Salam Khan (late) under Section 426(2-B) of the Code of Criminal Procedure for suspension of his sentences awarded to him by the learned trial Court i.e. Additional Sessions Judge-IV Quetta, whereby the appellant was convicted under Sections 466, 34, P.P.C. and sentenced to suffer five (05) years R.I. with fine of Rs.10,000/- or in default thereof to further suffer one (01) month S.I.; he was also convicted under Sections 474, 34, P.P.C. and sentenced to suffer five
(05) years R.I. with fine of Rs.10,000/- or in default thereof to further suffer one (01) month S.I.; the appellant was also convicted under Sections 498-A, 34, P.P.C. and sentenced to suffer ten (10) years R.I., with fine of Rs.10,00,000/- or in default thereof to further suffer one (01) month S.I. each. All the sentences were ordered to run concurrently, vide judgment dated 20th June 2014 passed in a complaint under Section 200, Cr.P.C. against the applicant (convict) and his late brother Saif-ul- Islam and the said sentences were upheld by this Court vide judgment dated 30th June 2021 in Crl.
Appeal No.175/2014 filed the applicant (convict), however, following modification was made in the quantum of sentences: "... the sentence awarded to the appellant under Sections 466, 34, P.P.C. is reduced to one (01) year R.I. with fine of Rs.5, 000/-or in default thereof to further suffer 15-days S.I. The sentence awarded to the appellant under Sections 474, 34, P.P.C. is reduced to one (01) year R.I. with fine of Rs. 5, 000/- or in default thereof to further suffer 15-days S.I.; the sentence awarded to the appellant under Sections 498-A; 34, P.P.C. for 10 years R.I. is reduced to five (05) years R.I., with fine of Rs.I0, 00, 000/- (one million) or in default thereof to further suffer one (01) month S.I.... "
2. It appears from the record that the applicant (convict) then assailed the judgment of this Court through Criminal Petition for Leave to Appeal (Cr.P.L.A. No.1596/2021) before the Hon'ble Supreme Court of Pakistan in which leave was granted on 7th February 2022 and the said criminal petition was converted into appeal which is pending for adjudication and during the course of pendency of appeal before Hon'ble Supreme Court, the appellant (convict) preferred the instant application for suspension of his sentence before this Court on the sole ground that the applicant is suffering from numerous diseases Wand he is very old age person of 79-years.
3. Heard the learned counsel for parties and perused the record with their able assistance. The perusal of record reveals that the applicant (convict) was booked in the instant case and he faced trial before the learned trial Court, however, on conclusion of trial the applicant (convict) was convicted and sentenced as mentioned above, however, in appeal before this Court the sentences of the applicant (convict) were modified, but his conviction was upheld. The operative paragraph of the judgment of this Court where the convictions and sentences of the Court below were upheld with some modification, reads as under: "13. The reappraisal of entire prosecution evidence would establish the charge levelled against the appellant. It has been proved through concrete and solid evidence that Zakiya Begum being the mother of complainant is entitled to get her due share from the inheritance left by her deceased parents/predecessors, but the appellant and deceased accused in order to deprive her as well as to other legal heirs of deceased got executed a forged and fake power of attorney on 5.8.1985, while as discussed above Mst. Jameela Begum had died much prior to execution of said power of attorney and through evidence her date of death has been confirmed as 24.8.1982. Thus, all the illegal actions including the execution of power of attorney as well as the transfer of entries carried out after 24.8.1982 are forged, fake and executed just to deprive the legal heirs of deceased from their right of inheritance. As such; the learned trial Court has come to a right and just conclusion by awarding conviction to the appellant and deceased accused."
4. The above mentioned convictions and sentences passed by the trial Court against the applicant (convict) were upheld by this Court by repelling the arguments advanced on behalf of the applicant (convict), therefore, at this stage, this Court further cannot go into the merits of the case.
The sole ground taken by the applicant (convict) in his application that he is an ailing and old age person of 79-years and no proper medication is provided to him and even he cannot properly walk without the proper assistance of two persons. The ground so taken by the applicant (convict) is not justified to either suspend the operations of conviction orders and to release him on bail with the sole reason no proper medical documents are appended with this application to justify the arguments so advanced on behalf of the applicant (convict) and the bald arguments cannot be made basis for suspension of the conviction and sentence of the applicant (accused). Even otherwise, since the matter is pending adjudication before the Hon'ble Supreme Court, hence under such circumstances it would be more appropriate for the applicant (convict) to approach the said forum for his release on bail. We see no merits in the instant application, which is accordingly hereby rejected.