2009 PLP 1784 (YLR)

SYED SAJJAD HUSSAIN SHAH, J.

Cr.M. No.1 of 2007: Muhammad Ilyas (petitioner/appellant) has filed this' application under section 426, Cr.P.C. for suspension of the sentence as through judgment dated 29-10-2004 passed by the learned Additional Sessions Judge, Sahiwal, he along with co-convicts has been convicted under section 148, P.P.C. for committing rioting while armed with deadly weapons and sentenced to 2 years' R.I, and also convicted under sections 302(b), 149, P.P.C. and sentenced to undergo life imprisonment with the direction to pay fine in the sum of Rs. 1,00,000 or in default of payment thereof to further undergo 5-years' R.I. He is also directed to pay compen sation of Rs. 1,00,000 under section 544-A, Cr.P.C. to the legal heirs of the deceased or in default thereof to further undergo 6 months' R.I. The benefit of section 382-B, Cr.P.C. was also extended to the petitioner/appellant. The sentences of the accused petitioner shall run concurrently.

2. The learned counsel for the petitioner has contended that about seven accused-persons had made consecutive, firing upon the deceased prior to the alleged firing at the deceased by the petitioner and the said co-accused of the petitioner had also targeted generally the same area which had allegedly been targeted by the petitioner also. There are contradictions between the medical evidence and ocular account. The alleged injury attributed to the petitioner is negative in the report, therefore, the sentence awarded to the petitioner is liable to be suspended; that the alleged recovery was planted upon the petitioner which was not sued during the incident. There is no independent witness of the occurrence; thus, the prosecution story is highly doubtful. Even otherwise, the case of the petitioner is at par with the case of Liaqat Ali co-convict, who has been granted bail by this Court vide order dated 13-2-2007 and the petitioner is also entitled to be released on bail on the rule of consistency.

3. The learned DPG has not seriously opposed this application.

4. Arguments heard and record perused.

5. The allegation against the petitioner is that he had caused injury on right knee of Muhammad Yousaf deceased with gun .12 bore. According to the learned counsel for the petitioner the injury attributed to the petitioner by the prosecution could well be a result of firing by the petitioner's co-accused at the deceased and the said injury even otherwise does not appear to be a result of an independent fire. The petitioner is in jail since his arrest there is no likelihood of hearing of main appeal in the near future, therefore, detention of the petitioner for indefinite period in jail would serve no useful purpose to the prosecution. Even otherwise, case of the petitioner is at par with the case of Liaqat Ali co-convict, who has been granted bail by this Court vide order dated 13-2-2007 passed in Criminal Miscellaneous No.1/2006, therefore, the petitioner is also entitled to the same treatment.

6. For the foregoing reasons, the instant misc. application is accepted and the sentence awarded to the petitioner is suspended and the petitioner is admitted to bail subject to furnishing his bail bonds in the sum of Rs.1,00,000 with two sureties in the like amount to the satisfaction of Deputy Registrar (Judi) of this Court. H.B.T./M-481/L Application accepted.