C.M. No, 01 of 2008 Ghafoor petitioner seeks suspension of sentence, who vide judgment dated 24.4.2006 passed by the learned Additional sessions Judge/Judge Juvenile Court, Sahiwal was convicted under Section 302(c) PPC and sentenced to 20 years RI with a compensation of Rs,50,000/- payable to the legal heirs of the deceased or in default of payment of thereof to further undergo six months imprisonment and benefit of Section 382-B Cr.P.C. was also extended.
2 Learned counsel for the petitioner submits that the learned trial Court has ignored the important aspects of the case while recording conviction against the petitioner; that the medical evidence was in contradiction with the ocular account because in the F.I.R. the allegation against the petitioner was that while armed with .12 bore pistol he fired at the deceased but the nature of the injury was not found in line with the said weapon and the complainant changed his stance while making supplementary statement that the petitioner was armed with pistol .30 bore. that the said pistol was also not sent to the Forensic Science Laboratory for comparison; that it is clear that the witnesses were not present at the spot, who later on concocted a false story to implicate the petitioner with mala fide intention and furthermore as per opinion of the doctor probable time between the injury and the death was about hours, which also shows that the witnesses were not present at the spot, otherwise they would have immediately taken the deceased to the hospital; that the petitioner was a juvenile at the time of the alleged occurrence and is in jail for the last about four years, but there is no possibility of hearing of the main appeal in the near future, hence the petitioner may be allowed bail.
3. Learned Deputy Prosecutor General submits that the petitioner was named in the F.I.R. with specific role and the learned trial Court after considering the entire evidence has rightly convicted him under Section 302 (c) PPC. According to him the petitioner has already taken the benefit of being juvenile and is not entitled for the concession of bail.
4. After hearing the learned counsel for the parties and perusal of the record, it is admitted position that the petitioner was a minor at the time of the alleged occurrence. The contention of the learned counsel for the petitioner that there was contradiction about the weapon of offence in the F.I.R. and subsequently described in the evidence by the PWs is borne out from the record. It needs further probe into the matter A by this Court, but there is no possibility of hearing of the main appeal in the near future and the petitioner is in the jail for the last about four years. If finally the petitioner- appellant is acquitted, the period undergone by him will not be compensated in any manner.
Hence, this petition for suspension of sentence is accepted and Ghafoor petitioner is admitted to bail subject to his furnishing bail bonds in sum of Rs, 1,00,000/- (Rupee One Lac only) with two sureties each in the like amount to the satisfaction of learned trial Court.