Through this petition Muhammad Shahid Farooq alias Shanda petitioner-appellant has sought suspension of his sentence of imprisonment and release on bail during the pendency of his appeal before this Court.
2. After hearing the learned counsel for the parties and going through the impugned judgment passed by the learned trial Court we have observed that admittedly the petitioner had not caused any injury to any person during the alleged occurrence and he stood saddled with the responsibility of indulging in ineffective firing only. It is not denied that nothing had been recovered from the petitioner's possession during the investigation of this case. It is available on the record that Muhammad Nawaz, S.-I. (P.W.14), the Investigating Officer, had found that the petitioner was not armed with any weapon during the occurrence. The petitioner has already spent more than two years in jail in connection with this case. In these circumstances the question regarding sharing of common intention by the petitioner with his co-accused as also the question regarding his vicarious liability for the offence allegedly committed by his co-accused are questions which would require serious re-consideration at the time of hearing of the main appeal. This miscellaneous petition is, therefore, allowed, the sentence of imprisonment passed against the petitioner by the learned trial Court is suspended and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs,50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court.