P L D 2007 Lahore 531 (PLP)

HASNAT AHMAD KHAN, J.

Through this petition Mst. Nasreen Bibi petitioner has sought bail through suspension of sentence awarded to her by the learned Additional Sessions Judge, Vehari, vide judgment dated 18-12-2006.

2. Briefly the facts of the case are that on the statement of Hashim -ud-Din complainant,' a case was registered vide F.I.R. No.79 of 2006 dated 14-2-2006, at Police Station Luddan, District Vehari, in respect of offence under section 302/34, P.P.C. According to the complainant, on 14-2-2006 at about 8-30 a.m. he along with other eye-witnesses went to house of Muhammad Aslam, where they saw that Muhammad Akram co-convict had laid Muhammad Aslam on the cot. At that time, said co-convict was allegedly found in the process of chocking the breath of the deceased, whereas, Muhammad Ali co-accused had caught the deceased from his both hands while sitting on his belly, whereas, Mst. Nasreen Bibi applicant/appellant had got hold of his both legs. On hue and cry raised by the complainant party, all the accused managed their escape. The applicant/appellant along with Muhammad Akram co-accused was tried by learned Additional Sessions Judge, Vehari, who found both of them guilty of Qatl-e-Amd of Muhammad Aslam and convicted them under section 302, P.P.C. Both the accused were sentenced to rigorous imprisonment for life with compensation of Rs.1,00,000 to be paid to the legal heirs of the deceased and in default thereof, both of them were ordered to undergo six months' S.I. each. While third accused being a juvenile was tried separately. The appeal filed by the appellant as well as Muhammad Akram co-accused is pending disposal.

3. In support of the application for suspension of sentence filed by the petitioner, learned counsel for the petitioner has contended that the role attributed to the petitioner requires re-consideration by this court; that the petitioner apart from being a lady has a suckling baby who is also undergoing the imprisonment along with her. To support said contention, he has referred to para. No.12 of the impugned judgment which shows that at the time of recording of her statement, the applicant had a suckling baby in her lap. Learned counsel for the applicant/appellant has further contended that due to the heavy back log pending before this Court, there is no possibility of early decision of the appeal filed by the applicant. Learned counsel for the applicant/appellant has placed reliance upon the cases of Sughran and others v. The State 1992 MLD 2373 and Mst. Shafqat Tahira v. The State 2000 PCr.LJ 912.

4. Conversely, the learned counsel for the complainant has opposed this bail application tooth and nail. However, he has conceded that the petitioner has a female baby who is also suffering incarceration along with the applicant.

5. After hearing the arguments of the parties and going through the impugned judgment, I have concluded that the role attributed to the petitioner is only that of providing facilitation to the main accused who had caused the death of the deceased by chocking his breath. According to the prosecution, at the time of the occurrence, Muhammad Ali co-accused was sitting on the belly of the deceased. In presence of said allegation, the role attributed to the petitioner would be needing re-appraisal and re-consideration by this court to see as to whether there was any need of catching hold of the legs of the deceased, while two male accused had already overpowered the deceased. Apart from being a lady, the petitioner has got a suckling baby who is also languishing in jail. The case law cited by the learned counsel for the applicant/appellant is fully attracted to the facts and circumstances of the case. It is not an application submitted under section 497, Cr.P.C. yet it is established law that the principles embodied in section 497, Cr.P.C. can be considered while deciding the application for suspension of sentence. Learned counsel for the complainant has not been able to distinguish the case-law cited by the learned counsel for the applicant.

6. In view of all the circumstances mentioned above, I have come to irresistible conclusion that the petitioner has been able to make out a case of suspension of sentence. Consequently, the application in hand is accepted and Mst. Nasreen Bibi applicant/appellant is allowed bail after suspending the sentence awarded by the learned trial court vide judgment dated 18-12-2006, subject to her furnishing bail bonds in the sum of Rs.1,00,000 (one lac) with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court. N.H.Q./N-45/L Sentence suspended.