' Petitioner Mst. Kubra Bibi along with two other co-accused was tried for the murder of Muhammad Arshad in case F.I.R. No,256 of 2000, dated 20-7-2000 registered under section 302/34 read with section 109, P.P.C. At Police Station Cantt. Gujranwala by the Addl. Sessions Judge, Gujranwala, who vide judgment, dated 2-3-2002 convicted petitioner under sections 302/109/34, P.P.C. And sentenced her to imprisonment for life as well as to pay compensation amounting to Rs 25,000 to the legal heirs of the deceased as required under section 544-A, Cr.P.C. With benefit of section 382- B, Cr.P.C. Appeal against the said judgment is pending before this Court and through this instant petition prayer has been made for suspension of her sentence
2. After hearing the learned counsel for the parties and perusing the record, we have observed that the petitioner has been involved in this case being mother-in-law of the deceased and the precise allegation against her is that of abetment. To prove the case against the petitioner prosecution has relied upon the statements of Muhammad Rafiq P.W.9 and Muhammad Shehbaz P.W.10. The statements of these witnesses are to the effect that they has seen the petitioner abetting her co- accused to commit the murder of Arshad deceased in her house. We have observed that these witnesses heard the said conversation about 2/3 days prior to the occurrence and informed the complainant after the recovery of dead-body of Arshad deceased. The 'petitioner was involved in this case on the basis of supplementary statement which was recorded later on. We have also observed that according to the record petitioner is also an aged lady. In the said circumstances, the prosecution evidence requires re-appraisal of evidence qua the involvement of the petitioner entitling her to the concession of bail. Accordingly, the instant petition is accepted, conviction and sentence of the petitioner is suspended and she is released on bail subject to her furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of trial Court.