Suspension of sentence

Payment of Diyat in lump sum — Petitioners are in jail for the last 15 months — The order of suspension of sentence has to be passed keeping in view the admitted facts — The case is neither one of life imprisonment nor of a sentence of more than 10 years — Under order XXIII rule 7 of the Supreme Court Rules, the Court is vested with the powers to direct that the execution of any order of imprisonment or fine be stayed on such terms the Court may deem fit — Relying on the Supreme Court Rules, section 25 of the Islamic Penal laws Act and the relevant provisions of Cr.P.C. the sentence was suspended — The petitioners were released on bail. Abdul Guftar & another v. The State another 2007 SCR 524 (B)
While considering the application for suspension of sentence Court has to consider the quantum of sentence and time likely to be taken in the decision of appeal — Whenever the Court finds that the conviction recorded and the appreciation of evidence requires serious examination then the sentence is suspended and bail is allowed. M. Bilal v. The State and another 2008 SCR 100 (A)
It is the discretion of the Court but discretion has to be exercised judiciously by considering the relevant facts without entering into or commenting upon the merits of the case — When contention requires consideration of merits, the appellate Court would refrain from entertaining such contention. Ch. M. Riasat v. M. Asghar & another 2010 SCR 1 (D) PLD 1992 SC 463 rel.
Some very strong grounds are required for suspension of sentence — There must be strong and cogent reasoning through which it can be ascertained that conviction will not sustain. Ch. Muhammad Riasat and another v. Muhammad Asghar & another 2010 SCR 1 (C)
The sentence awarded by a Court should not be taken lightly in routine — There must be some cogent and solid reasons for suspension of sentence — The lower Courts are suspending the sentences and allowing the concession of bail to convict persons just in a routine — Held: It is the fundamental duty of the Court not to suspend the sentence just in a routine — Lower Courts should suspend the sentence only after considering whether the convict has a prima facie case and the conviction is likely to be set aside in appeal. Ch. M. Riasat and another v. M. Asghar & another 2010 SCR 1 (E)