' MUNIR A. SHEIKH, J.---Leave to appeal is sought against the order dated 8-7-1998 of the Lahore High Court passed in Criminal Appeal No,2 of 1996.
2. The grievance of the petitioner against the impugned order is only to the extent that while suspending the sentence of the respondent, observations have been made on the merits of the case which may ultimately prejudice the decision of the appeal. He does not object to the order so far as it relates to the suspension of the sentence on statutory ground.
3. Learned Counsel for private respondent has no objection if the observation of the learned judge made in the impugned order on merits of the case are expunged.
4. This petition is converted into appeal and the same is partly accepted to the extent that the findings recorded by the learned Judge in the impugned order c on the merits of the case are impunged and he appeal shall be decide on its own merits uninfluenced by the name. The appeal as regards suspension of sentence on, statutory ground fails and is dismissed to this extent.