1997 PLP 1521 (SCMR)

RAJA AFRASIAB KHAN, J.‑‑‑On 9th of November, 1993 at 11‑00 a.m., a case under section 302/148/149, P.P.C. was registered on the statement of Muhammad Nawaz with Police Station Saddar, Jalalpur Jattan, District Gujrat Muhammad Nawaz, Muhammad Afzal, Sarwar, Ejaz Muhammad Younas and Javaid lqbal for the murder of Muhammad Riaz. An Additional Sessions Judge, Gujrat vide his judgment dated 12th of December, 1994 convicted the aforesaid accused holding that in execution of their common object, they launched an attack armed with deadly weapons and committed the aforesaid offences. Under section 148, P.P.C., he sentenced all the accused to two years' R.I. and fine of Rs.2,000 each or in default to undergo S.I. for three months. Javaid lqbal was sentenced to death plus compensation of Rs.15,000 or in default thereof to undergo S.I. for two years under section 302/ 149, P. P. C. , . The remaining five accused were sentenced to imprisonment for life plus compensation of Rs.5,000 each or in default thereof to further undergo S.I. for one year each. Benefit of section 382‑B, Cr.P.C. was extended to the accused except Javaid Iqbal. The convicts challenged their conviction and sentence through Appeal No.671 of 1994 which is pending adjudication before the Lahore High Court. Criminal Miscellaneous No.2 of 1996 was moved by the accused for suspension of their sentences. A Division Bench of the Lahore High Court vide its order, dated 5th of June, 1996 suspended the sentence of respondents Nos. l to 4 saying that no injury was attributed to them. They were alleged to have ineffectively fired during the incident. This petition for leave to appeal has been brought by the complainant, Muhammad Nawaz.

2. In compliance with the order of this Court dated 14‑7‑1996, notice of this petition was sent to the respondents as well as Advocate‑General, Punjab for a date to be fixed by the office. In pursuance of the notice, Muhammad Boota has appeared on behalf of his son, Muhammad Nawaz and also for the respondents Nos.2 to 4 to state that their learned counsel has gone to perform Hajj. Power of attorney was also filed by Mr. M.A. Qureshi, Advocate‑on -Record on 3rd of July 1996 to contest this petition. On call, neither the respondents Nos. l to 4 nor their learned counsel has appeared today.

3. We have heard the learned counsel for the petitioner and the learned l State Counsel. The respondents Nos.1 to 4, as pointed out above, were convicted and sentenced on the charge of murder. There was no justification in law with the High Court to suspend their sentences. The order dated 5th of June, 1996 suspending the sentences of the respondents is recalled by converting this petition into appeal and allowing it. Non‑bailable warrants of arrest shall be issued against the respondents Nos. l to 4 so that they may be lodged in Jail. However, in the interest of justice, Criminal Appeal No.671 of 1994 of the convicts shall be heard and decided as early as possible. N.H.Q./M‑5/S Appeal allowed.