1. ' WAHEEDUDDIN Ahmad J.-The petitioners, alongwith two others, namely, Waryam and Ramzan were committed to the Court of Session at Nawabshah by the Resident Magistrate, Moro, to stand their trial under sections 326, 324/34, P. P. C. On the 22nd May, 1971. The petitioners were convicted by the learned trial Judge under section 326 read with section 34, P. P. C. And were sentenced to 8 years' R. 1 each. They were also sentenced to pay fine of Rs, 1,000 each. The petitioners and their co- accused filed an appeal in the High Court of Sind & Baluchistan, Karachi. Alongwith the appeal, they moved an application under, section 426, Cr. P. C. For the suspension of the sentence. The appeal was admitted by a learned Single Judge and notice was issued on the application under section 426 Cr. P. C. To the State counsel. The application was heard by a learned Single Judge on the 12th December, 1973 and the petitioners' application for suspension of sentence was rejected but the co-accused was admitted to bail. The petitioners seek permission to file an appeal against the said order.
2. Mr. M. I. Memon, learned Advocate-on-Record, has contended that the order of the learned Single Judge dated the 12th December, 1973 gives no reason for rejecting the application of the petitioners under section 426, Cr. P. C. According to him, it is not a speaking order. We have gone through the order. It is a brief one. We are, however, satisfied that the High Court has applied its mind and exercised the discretion against 4 the petitioners. The question being discretionary is not open to challenge In this Court. We, therefore, do not consider this a tit case for interference. The petition is dismissed.