' ABDUL SHAKOOR PARACHA, J.---Through this Criminal Miscellaneous No,27-M of 2006 Nasir Mehmood son of Muhammad Riasat petitioner seeks suspension of sentence and grant of bail.
2. Vide impugned judgment dated 17-1-2006, passed by the learned Additional Sessions Judge, Gujjar Khan the appellant was convicted under section 302-B, P.P.C. And sentenced to life imprisonment. It was ordered that he shall pay Rs,3,00,000 to the legal heirs of the deceased as compensation under section 544-A, Cr.P.C. In default of payment of compensation it was ordered that he will undergo six months' imprisonment. Benefit of section 382-B, Cr.P.C. Was extended to him.
3. In para.28 of the judgment impugned, the Court has also relied upon the following pieces of evidence:-
(i) Last seen evidence.
(ii) Extra-Judicial confession of the accused.
(iii) Recoveries of empty from the place of occurrence and pistol from the accused.
(iv) Medical evidence.
(v) Report of F.S.L. And CE.
Learned counsel contends that the above said evidence has not been proved on record.
4. The learned Assistant Advocate-General assisted by the learned State counsel contends that the contention raised by the learned counsel for the petitioner needs reappraisal of evidence which exercise cannot be done by the Court under section 426, Cr.P.C.
5. Contention of the learned A.A.-G. Is not well founded because the Court in its judgment at page 14 paragraph 31 itself recorded the finding:- ' "Extra-Judicial confession made the accused is disbelieved due to want of evidence."
6. Regarding motive, at page 13 in paragraph 14, the Court held "The motive behind the occurrence is unknown". Last seen evidence---Evidence of deceased having been last seen alive in company of accused---A weak type of circumstantial evidence of basing conviction. See the case of Naqibullah and another v. The State (PLD 1978 SC 21). The medical evidence, the report of the F.S.L.
And the Chemical Examiner's report are the corroborative pieces of evidence.
7. For what has been discussed, I am of the opinion that the petitioner has successfully made out a case of suspension of sentence. This being so, the application is allowed and the conviction/sentence recorded by the trial Court is suspended.
8. The petitioner be released on bail subject to his furnishing bail bonds in the sum of Rs,1,00,000 (one lac) with one surety of the like amount to the satisfaction of the trial Court/Duty Judge.