2003 P Cr (PLP)

Through this criminal miscellaneous, the petitioner Mustafa alias Mohsin alias Musi is asking for suspension of his sentence. According to the learned counsel, he was not nominated in the F.I.R. Learned counsel refers to the following portion of the judgment of the learned Additional Sessions Judge, Faisalabad dated 14-11-2001, in support of his case for suspension of sentence:-- "The recoveries shown from the accused Sher Pervaiz, Lai are meaningless, in view of my discussion recorded above. The recovery from the accused Mazhar is not wedded with the crime. Nevertheless this report is not to antangonize the ocular account which is otherwise overwhelming. This is case of single fire and in which there was hardly any chance of recovery of empty. This report, in the circumstances, is rendered meaningless. The recovery from the accused Ghulam Mustafa is of .12 bore gun. It was led to by the accused allegedly after 1-1/2 months of the occurrence. It is not wedded with the crime, therefore, is lending no corroboration.

2. Whereas the case of the appellant side was: "The case was registered on the statement of the complainant Exh.P.M. and the same enunciated that Akbari Bibi is resident of Chak No.623/JB. Her family had enmity in Chak and she along with her husband Nausher and children abdicated her own house and settled in the same Chak, however, in the house of her brother Yousaf. On the fateful day at 10-30 a.m. she along with her spouse Nausher, brother Bashir, Daiver Ayub were present when all of a sudden from the main door of the house Sher, Pervaiz, Mazhar and Lal sons of Muhammad and Nasir Abbas son of Mokha armed with guns entered her house and they raised a Lalkara to Nausher to avenge the death of Muhammad. Nausher in order to save his life, escaped towards western room which was open. Mizhar armed with his gun went inside the room in hot pursuit and fired at Nausher which hit him below his left shoulder on the back side. Nausher fell in the room. The complainant, Bashir and Ayub raised hue and cry. Whereupon Sher, Pervaiz, Lal and Nasir Abbas raised Lalkara, if anybody approached nearby, would be shot and the P.Ws. did not move forward for fear of lives. All the accused returned while firing recklessly and raising Lalkaras. The P.Ws. cared for Nausher who succumbed to the injuries. The complainant left behind Nukra and Allah Yar with the dead body and herself went to the police station." "On the same day, the other accused Mussi, also on interrogation, made disclosure about the recovery of weapon. He led the P.Ws. and the police. The accused Mustafa alias Mussi led to get recovered .12 bore gun Exh. P.12 and two cartridges Exh.P.13/1-2 from a cotton field and below `Kikar' tree which the police secured vide memo. Exh.P.K. attested by him and Sarwar. They called Nasir and took him for some piece of work. In the evening of 25th they got the information that Nasir had been killed by Mohsin. Mohsin killed Nasir to eliminate him from his way. Mohsin and Mazhar etc. wanted to kill Nausher and killed him. They also killed Nasir in an effort to get cross-case of murder registered against the survivors of Nausher."

3. It is said that the main accusations are made against Mohsin and Nasir co-accused, not the petitioner before this Court and the recovery effected from the petitioner was not relied upon by the trial Court.

4. This Court, therefore, feels that the case of the petitioner Mustafa alias Mohsin alias Mussi is one which calls for further consideration. There is also no likelihood of the appeal to be heard in near future. Consequently, we suspend the sentence of the petitioner Mustafa alias Mohsin alias Musi subject to his furnishing bail bonds in the sum of Rs.1,00,000 each with two sureties in the like amount to the; satisfaction of the Deputy Registrar (J.) of this Court. If released on bail, he shall be appearing personally on each and every date till the final disposal of the main appeal, otherwise this will be a ground for recalling this order. H.B.T./M-1848/L Sentence suspended.