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1990 SCMR 1393

JAMSHED AZAM vs THE STATE

Citation1990 SCMR 1393
CourtSupreme Court of Pakistan
Case No.Criminal Petition No, 186 of 1989
Date1989-07-29
Judge(s)Shafi-ur-Rehman, Saad Saood Jan
ResultPetition dismissed

ORDER

' SAAD SAOOD JAN, J.---The petitioner has been convicted of an offence under section 326 of the Pakistan Penal Code and sentenced to suffer rigorous imprisonment for a period of 10 years and pay a fine of Rs, 5,000. He has filed an appeal which is pending in the Lahore High Court.

2. The petitioner moved an application before the High Court for suspension of his sentence during the pendency of the appeal. This application was rejected with the observation that the contentions raised in support thereof went to the merits of the case and that it was not possible to examine them at that stage. The petitioner seeks leave to appeal from the order of the High Court.

3. Before us also, the learned counsel for the petitioner has raised contentions which relate to reappraisal of evidence. These cannot be decided without a thorough examination of the record.

The proper stage for raising them is when the main appeal comes up for hearing. Prima facie the judgment of the trial Court does not suffer from any legal error. The petition is dismissed.

Cited by 3 cases

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