Through this application under Section 426 Cr.P.C., Muhammad Ashfaq alias Goshi-petitioner seeks suspension of sentence as vide judgment dated 9.12.2003, passed by learned Additional Sessions Judge, Burewala, he has been found guilty under Section 302(b) P.P.C. and sentenced to imprisonment for life with further direction to pay a sum of Rs, 1,00,0001- to legal heirs of the deceased as compensation or in default thereof to further undergo rigorous imprisonment for four months. He was also found guilty under Section 452 P.P.C. and sentenced to rigorous imprisonment for seven years with a fine of Rs, 25,000/- or in default thereof to further undergo rigorous imprisonment for two months. Both the sentences were ordered to run concurrently.
2. Learned counsel appearing on behalf of the petitioner contends that in the F.I.R. it was alleged by the complainant that though the petitioner was armed with a rifle and entered into his house, but did not cause any injury to Pie deceased. Also contends that during investigation police found all the five accused innocent and then a private complaint was filed by the complaint, in which same role was ascribed to the petitioner. Prays that as he has not caused any injury to the deceased, his sentence may be suspended.
3. Learned counsel for the State opposes this application on the ground that conviction was passed six months ago and the petitioner has been found guilty under Section 302/452 P.P.C.
4. We have heard learned counsel for the parties. As the role ascribed to the petitioner is that he raised only Lalkara and had not caused any injury to the deceased, though he was armed with a rifle, in the peculiar circumstances of the case, we are inclined to suspend his application.
5. This application is accordingly accepted and petitioner is directed to be released on bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- (Rupees one lac) with two sureties each in the like amount to the satisfaction of trial Court.