1997 PLP 77 (MLD)

‑‑‑‑S.426‑‑‑Penal Code (XLV of 1860), S.324/379‑‑‑Suspension of sentence‑‑ Conviction of accused was based on alleged confession made by co‑accused which confession was neither put to co‑accused, nor to the accused‑‑‑Prosecution evidence showed that no case had been registered under West Pakistan Arms Ordinance, 1965 against accused person pursuant to alleged recovery of weapon, despite the fact that complainant and eye‑witnesses in the case all were police personnel and neither medico‑legal report in respect of injury sustained by co -accused was on record nor any evidence was produced to prove the same‑‑‑Case for suspension of sentences awarded to accused person having been made out, sentences were suspended in circumstances. Hidayat Ullah for Petitioners. Shahid Amin for the State. Through the present petition, the petitioners, having been convicted and sentenced under section 379, P.P.C. to R.I. for seven years each and under section 324, P.P.C. to R.I. for seven years each, vide the impugned judgment dated 5‑6‑1995 passed by the learned trial Court, have contended for the suspension of their said sentences.

2. The learned counsel for the petitioners/appellants were heard at length.

3. A perusal of the record of the case has confirmed the contention raised on behalf of the, petitioners/appellants to the effect that their conviction has been based on the alleged confession by the co‑convict, Sabir Baig, which has neither been put to the said accused/convict, nor to the present petitioners/appellants. It has further been taken notice of that it is in the evidence of the prosecutor that no case has been registered under the Arms Act against the accused pursuant to the alleged recovery of weapons, despite the fact that the complainant herein and the eye‑witnesses, all, are police personnel. Further notice has been taken of the fact that neither the Medico‑Legal Report in respect of the injury sustained by the co‑convict Sabir Baig is on the record nor any evidence has been produced to prove the same, whereas the charge and the conviction of the petitioners/appellants is based on the allegation that they had caused the said injury to their co‑accused, although in that respect also it has not been stated specifically in the testimony of any one of the P.Ws. as to who had caused that injury. Therefore, it is hereby held that, in view of the observation recorded above, the case of the petitioners/appellants for suspension of sentences awarded to them by the impugned judgment is duly made out under the provisions of section 426(1), Cr. P. C.

4. Pursuant to the above discussion, the sentences awarded to the petitioners/appellants, namely, Ashiq Hussain and Naseer alias Sheru, are hereby suspended, subject to their furnishing bail bonds in the sum of Rs.30,000 each with two sureties each in the like amount to the satisfaction of the A.C./Duty Magistrate, Narowal. N.H.Q./A‑865/L Petition allowed.