Through this petition, the petitioner, namely, Ghulam Abbas son of Sharafat Ali, who along with his co-accused, namely, Akbar Ali alias Akka had been convicted under Section 302/34 P.P.C. and sentenced to imprisonment for life and death, respective, with farther direction to pay a sum of Rs,2,00,000/- each to the legal heirs of the deceased as compensation or in default of payment thereof to suffer simple imprisonment for six months each, has sought suspension of the sentence awarded to him through the impugned judgment dated 23.7.2008 passed by the learned Additional Sessions Judge, Faisalabad.
2. After hearing the learned counsel for the petitioner as also the learned Deputy Prosecutor- General Punjab, it has been observed that according to the prosecution story the petitioner while being empty handed along with his co-accused Akbar Ali alias Akka, who was carrying a .30-bore pistol emerged at the spot and on raising of Lalkara by him, his co-accused had fired a pistol shot hitting Muhammad,. Farooq on the left side of his belly, as result whereof the latter breathed his last. Admittedly, the role assigned to the petitioner was that of raising a proverbial Lalkara and in view of this situation his liability under Section 34 P.P.C. needs to be thrashed out during the course of hearing of the main appeal. The petitioner is behind the bars for the last more than two years and three months and his further incarceration would not serve any useful purpose to the prosecution because the hearing of the main appeal is not in sight in the near future as it has to be heard along with the appeal filed by his co-accused Akbar Ali alias Akka and Murder Reference sent by the learned trial Court.
3. In these circumstances, we allow this petition and suspend the sentence of the petitioner. He is directed to be released from custody subject to his furnishing bail bond in the sum of. Rs,50,000/- with one surety in the like amount to the satisfaction of Deputy Registrar (Judl.) of this Court. He shall keep appearing on each and every date of hearing of the main appeal.