' Through this miscellaneous petition Shahbaz 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 it has been observed that admittedly the present petitioner had not caused any injury to any of the deceased and he had only been saddled with the responsibility of causing a fire-arm injury on the neck of Ikram Ullah P.W. The said Ikaram Ullah P.W. Had not been produced before the learned trial Court as a witness and he had been given up by the prosecution as having been won over. The learned trial Court had itself concluded that it was a case of a sudden occurrence without any. Premeditation. As many as six accused persons had themselves received injuries during the said incident which injuries had been completely suppressed in the F.I.R. And had not been explained by the prosecution before the learned trial Court. In these peculiar circumstances the question regarding sharing of common object by the petitioner with his co- convicts as also the question regarding his vicarious liability for the offences allegedly committed by his co-convicts are questions which shall require serious reconsideration 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.1,00,000 (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.