Through these petitions, the petitioners namely Zahid son of Muhammad Khan and Muhammad Sabir son of Muhammad Siddique who had been variously convicted and sentenced including imprisonment for life on two counts each have sought suspension of their sentences under Section 426 Cr.P.C.
2. Learned counsel for the petitioners contend that the petitioners have not been attributed any specific role of causing injuries to the deceased persons. There is a general allegation that they formed an unlawful assembly and in furtherance of their common object they had participated in the occurrence; no recovery of fire-arm has been effected from them and during three successive investigations the petitioners were found to be innocent; motive has not been attributed to the present petitioners as such no active part has been assigned to the petitioners; petitioner Sabir has been behind the bars since 14.8.2005, the date of judgment while petitioner Zahid has been behind the bar since the date of occurrence. It is further contended that the appeal is. not likely to be heard in near future and, therefore, their sentence be suspended.
3. Learned DPG assisted by learned counsel for the complainant submits that both the petitioners Zahid and Sabir are nominated in the promptly lodged FIR. It is further contended that the ocular account has been corroborated by the medical evidence and that it is on the record that deceased Munir suffered three fire-arm injuries whereas Muhammad Arshad deceased suffered twenty fire-arm injuries. The fact has been, conceded by the complainant's counsel that no specific allegation of causing injuries to both the deceased have been attributed to them. It is further contended that the petitioners were members of an unlawful assembly and in furtherance of their common object they had participated in the occurrence. He further submits that contentions of the learned counsel for the petitioners require deeper appreciation of evidence which exercise cannot be undertaken in these proceedings.
4. I have heard the learned counsel for the parties, and perused the record with their able assistance. The allegation against the petitioners is only of ineffective firing, they have not caused any injury to the deceaseds. In all 13-persons were nominated as accused out of which nine were convicted and awarded imprisonment of life including the petitioners, while the remaining were acquitted. During investigation, neither any weapon of offence nor any incriminating article had been recovered from them which could connect them with the commission of offence rather during investigation they were found innocent. It is noted that during investigation one pump- action gun was got recovered from co-accused Muhammad Ashraf alias Baggi and another co- accused Shamshad Ahmad led to the recovery of pistol 30-bore allegedly used by them in the occurrence but the same were not found wedded with any crime empty according to the report of the Forensic Science Laboratory and the same were discarded by the learned trial Court. There is a general allegation that the petitioners being members of an unlawful assembly and in prosecution of their object they had participated in the occurrence. Motive is not attributed to the petitioners and in these circumstances the evidence on the basis of which petitioner's were convicted and sentenced needed reappraisal during the course of hearing of main appeal. The appeal is not likely to be heard in near future.
5. In view of the above these petitions are allowed and sentence of both the petitioners is suspended subject to their furnishing bail bonds in the sum of Rs, 1,00,000/- each with one surety each in the like amount to the satisfaction of the Deputy Registrar (Judi.) of this Court.