' KHALIL-UR-REHMAN RAMDAY, J.--- The evidence offered by the prosecution to establish the guilt of Imran and Amjad convicts was, Zulfiqar deceased having been last-seen in the company of the said two convicts and the extra-judicial confession allegedly made by Amjad convict only.
Evidence was also led at the trial regarding the said convicts having disappeared and having concealed themselves after the occurrence in question. It was also alleged that the two crime- empties had been allegedly found to have been fired from the fire-arm weapons allegedly recovered at the instance of the said two convicts. A .44 licensed rifle of the deceased which the said deceased was carrying with him when he was allegedly taken away by the said two convicts, had also been allegedly recovered from Imran convict. The question whether such pieces of evidence even when put together, could be considered sufficient for recording/maintaining conviction against Imran convict, requires consideration.
2. For the said purpose, Jail Petition No,96 of 2004 filed by Imran convict is allowed and leave is granted.
3. Criminal Petitions Nos.453-L of 2003 and 454-L of 2003 filed by the complainant seeking enhancement of the punishments,awarded to the said Imran convict and his co-convict, namely, Amjad (who does not appear to have filed any petition before this Court questioning his conviction) shall be heard along with the said appeal arising out of the said jail petition.