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Petitioner: FALAK SHER VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Gul Title: FALAK SHER vs THE STATE Case No.: Petition for Special Leave to Appeal No, 143 of 1974 Date of Judgment:1974-05-09 Reported As: 1975 SCMR 231 Result: Petition dismissed
Judgment ORDER ' WAHEEDUDDIN J.-The petitioner has been sentenced for a period of seven years and to pay a fine of Rs, 1,000 under section 3u4, Part II, P. P. C. The petitioner applied for suspension of sentence in Criminal Appeal No, 715 of 1973, which was dismissed on the 16th March 1974. The petitioner seeks permission to file an appeal against the said order. ' Ch. Abid Ali Buttar, learned Advocate-on-Record for the petitioner, has contended that the sentence awarded in this case is very excessive and for this reason the learned Single Judge of the High Court should have suspended the sentence. According to him, the normal sentence in such cases is three years. The contention of the learned counsel has not impressed us. We are not inclined to express any view whether in such cases normal sentence is three years. In our opinion, the question whether the sentence should have been suspended was a discretionary matter and in the circumstances of the case, the High Court has exercised the discretion properly. There is no ground to interfere. The petition is dismissed.