' MAHMOOD AKHTAR SHAHID SIDDIQUI, J.---The petitioner Azmatullah has been convicted along with five others under sections 302(b)1148, P.P.C. By the learned Additional Sessions Judge, Bhakkar in case F.I.R. No,122 of 2007 dated 6-6-2007 Police Station Mankera, District Bhakkar and sentenced to rigorous imprisonment for life vide judgment dated 25-3-2010. He challenged his conviction and sentence through Criminal Appeal No,826 of 2010 and also applied for the suspension of the sentences during the pendency of the appeal but the same has been declined by the learned Lahore High Court, Lahore vide impugned judgment dated 1-12-2010, hence this petition for leave to appeal.
2. The prosecution case in brief is that on 5-6-2007, Zafar Iqbal deceased, a Commission Agent (Arrahti) at Adda No,214/TDA, after closing his shop at about 9-00 p.m. Left for his home on his motorcycle bearing registration No,7055/BK. His munshi Mukhtar Hussain complainant and Talib P.W. Also accompanied him on the same motorcycle which was intercepted by two unidentified persons near the graveyard of Karari Kot Nusratwala. One of the perpetrators snatched the motorcycle and took out some cash from the pocket of the deceased and fled away. The matter was reported to the police on 6-6-2007 at about 12-50 p.m. Without naming any person.
3. According to the prosecution, P.W.13 Ashiq Hussain and P.W.14 Ijaz Hussain, the real nephews (Bhateejas) of Zafar Iqbal were present in the shop of Zafar Iqbal deceased on 7-6-2007 when Muhammad Arshad co-convict and Azmatullah petitioner went there. Allegedly, Muhammad Arshad disclosed that Zafar Iqbal has been carrying illicit relations with his cousin Zahida Parveen, as such, he conspired with the remaining accused and got Zafar Iqbal killed. According to the prosecution case Muhammad Arshad armed with .30 bore pistol and Inayatullah armed with .44 bore rifle intercepted the motorcycle. Inayatullah co-convict allegedly fired with his rifle, hitting on the back of left shoulder of Zafar Iqbal. The allegation against Azmatullah petitioner is that he was accompanied by Muhammad Ramzan, who was not sent to Court for trial and Inayatullah snatched the motorcycle and went away.
4. We have heard the learned counsel for the parties and perused the available record. The conviction of the accused in this case is primarily based on extra judicial confession of Muhammad Arshad, the principal accused which he made before P.W.13 and P.W.14. It has not been denied by the learned Additional Prosecutor-General that Muhammad Arshad and three other co-convicts, namely, Muhammad Iqbal, Aamir Hussain and Rana Muhammad Ilyas have been released on bail by way of suspending their sentences. The case of the petitioner, prima facie, appears to be on better footing. As he has neither caused any injury to the deceased nor had he any motive to participate in the occurrence. The recovery of .30 bore pistol shown to have been recovered from the possession of the petitioner during investigation is of no consequence.
5. In view of what has been discussed above, we allow this petition, convert it into appeal which is hereby allowed. The sentence passed against the petitioner is suspended and he is ordered to be released on bail subject to furnishing bail bonds in the sum of Rs, 50,000 (fifty thousands) with two sureties in the like amount to the satisfaction of the trial Court.