' KHAWAJA MUHAMMAD SHARIF, J.---In response to our order dated 20-7-2006 passed in this application, learned counsel for the complainant submits that in fact after 6-1/2 years one Ashiq who was already undergoing the death sentence in Faisalabad Jail in some other case stated that he along with his co-accused had murdered the deceased in the instant case so he in order to satisfy his conscience became approver and made statement implicating the present petitioners.
Further submits that Abdul Qayyum convict also got recovered a motorcycle which belonged to the complainant party. Next submits that there is also evidence of extra-judicial evidence against the present petitioners and the ocular account is supported by the medical evidence. Lastly submits that the grounds urged by learned counsel for the petitioners relate to deeper appreciation evidence. The learned Law officer adopts the arguments advanced by learned counsel for the complainant.
2. Heard.
3. In the F.I.R. Nobody was named: it was stated by the complainant that he had seen one person running from the spot after the occurrence; after 6-1/2 years one Ashiq who was undergoing the sentence of death in Faisalabad jail in some other case, on one fine morning when his conscience pricked, established contact with the complainant party- and then he made confessional statement after becoming approver. No mention of motorcycle was made in the F.I.R.; it was so alleged by the complainant in the supplementary statement but in that statement too, it was not stated that the motorcycle was having such and such registration number. It is not a case of eye- witness account but of circumstantial evidence. We are aware of the fact that at this stage deeper appreciation of evidence cannot be done but, the fact remains that it is a case of no evidence, so without commenting any further, we suspend the sentence of the petitioners and direct that they shall be released on bail subject to their furnishing bail bonds in the sum of Rs.2,00,000 (two lac rupees) with two sureties in the like amount to the satisfaction of D.R. (J) of this Court. They shall appear on each and every date of hearing fixed by this Court.