2013 P Cr (PLP)

Muhammad Ashraf/petitioner through, the instant petition filed in terms of section 426(2-B), Cr.P.C. read with section 561-A, Cr.P.C. has sought for suspension of his sentence and admitting him to bail pending disposal of his main appeal.

2. Having been booked in complaint filed by Muhammad Sharif/complainant under sections 302, 148, 149, P.P.C., the petitioner was tried by Mr. Ijaz Mahmood Chaudhry, learned Sessions Judge, Pakpattan. The learned trial Court seized with the matter after adopting/completing all codal and legal formalities vide its judgment dated 14-12-2005 convicted the petitioner under section 302(b), P.P.C., and sentenced him to death as Ta'zir with direction to pay Rs.50,000 as compensation to the legal heirs of deceased and in case of default in payment thereof, to undergo six months' S.I. The petitioner assailed his conviction before this Court while filing Criminal Appeal No.154 of 2007, which was decided by a learned Division Bench vide judgment dated 29th June, 2011; whereby his sentence of death was converted into imprisonment for life, however, to the extent of payment of compensation amount, the same was kept intact. Benefit of section 382-B, Cr.P.C. was also extended in favour of the petitioner. Thereafter, the judgment of this Court was challenged before august Supreme Court of Pakistan through Criminal Petition No.597-L of 2011; wherein vide order dated 7-6-2012 leave to appeal has been granted.

3. Learned counsel for the petitioner while referring to operative para of leave granting order of august Supreme Court of Pakistan submits that deeming the case of the petitioner identical to that co-accused already been acquitted by the learned trial Court, leave has been granted. Adds that since the petitioner is behind the bars for the last about seven years and his conviction and sentence has already been reduced to imprisonment for life by this Court; therefore, in this backdrop pending disposal of his petition for leave to appeal he is entitled to the relief sought for.

4. Contrarily, learned DDPP though opposes this petition, however, concedes that the petitioner, whose sentence of death as inflicted by the learned trial Court was converted into life imprisonment by this Court, leave has been granted by august Supreme Court of Pakistan.

5. We have heard the arguments and perused the record available on file, which reveals that august Supreme Court of Pakistan in Criminal Petition No.597-L of 2011 filed against the judgment of this Court had taken into consideration following contentions of learned counsel for the petitioner:-- "Muhammad Hussain co-accused of the petitioner attributed a role identical to that alleged against the petitioner had been acquitted by the High Court; that complainant's presence at the spot had been doubted by the High Court; the motive set up by the prosecution had been ruled out of the consideration; and the petitioner had himself sustained as many as four fire-arm injuries during the same incident but his injuries had been suppressed by the complainant party." In this backdrop, without commenting upon the merits of the case keeping in view the observations of august Supreme Court of Pakistan coupled with the fact that the petitioner has remained behind the bars since the date of his arrest way back in the year 2005, this Court is persuaded to allow this petition as a consequence whereof sentence of the petitioner is suspended pending disposal of his petition for leave to appeal before august Supreme Court of Pakistan and he is admitted to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 without one surety in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court. MWA/M-308/L Sentence suspended.