' MANZOOR HUSSAIN SIAL, J.---Imdad All petitioner seeks leave to appeal from order dated 25-5- 1993 of the Lahore High Court, whereby his application for suspension of the sentence imposed upon by the learned trial Judge and his release on bail, pending decision of the appeal in the High Court was dismissed.
2. The petitioner alongwith four others was tried by the learned Additional Sessions Judge, Faisalabad, for the murder of Khalid Mukhtar. He was found guilty under section 302(c), P.P.C. And sentenced to undergo 20 years' R.I. In addition to payment of fine of Rs,20,000 or in default whereof to undergo S.I. For one year. The amount if recovered was directed to be paid to the heirs of the deceased as compensation under section 544-A, Cr.P.C.
3. The petitioner filed appeal against the order of his conviction and sentence imposed upon him by the learned trial Judge, in the High Court as also filed an application for suspension of his sentence and to be released on bail pending decision of the appeal.
4. The learned Judge in the Lahore High Court vide impugned order dated 25-5-1993, dismissed the application holding:-- "I am afraid I cannot suspend the sentence of the petitioner because the judgment has been delivered after a careful perusal of the evidence on the record. Contention raised by the learned counsel cannot be evaluated at this stage, and the same will be taken into account at the time of the hearing of appeal."
5. In support of this petition, learned counsel for petitioner contended that the learned High Court did not advert to the merits of the case and disposed of the application without exercising jurisdiction vested in it. The contention raised has no merit. The discretion exercised by the Judge in the Lahore High Court in declining to evaluate evidence before the disposal of the appeal suffers from no legal flaw so as to call for interference, by this Court. This petition is without merit and is accordingly dismissed.