' M. A. SHAHID SIDDIQUI, J.---The petitioners Muhammad Amin and Abdul Salam seek leave to appeal against the order dated. 23-2-2011 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No, 1 of 2011 declining to suspend the petitioners' sentences passed against them under sections 6 and 9(c) of the Control of Narcotic Substances Act, 1997 in case F.I.R. No, 23 of 2008 dated 13-1-2008 Police Station Rajana, District Toba Tek Singh.
2. The prosecution case in brief is that on 13-1-2008 one Muhammad Nadeem while in police custody in case F.I.R. No,22 of 2008 Police Station Rajana, District Toba Tek Singh led the police to the house of his maternal uncles Abdul Salam and Muhammad Amin petitioners situated near graveyard of Rajana and got recovered 56 kilograms of charas from underneath a cot lying in a residential room of their home. According to the F.I.R., both the petitioners on seeing the police party had managed to escape through another exit from the home.
3. It is not denied that the alleged recovery was made in the absence of the petitioners at the instance of Muhammad Nadeem. A perusal of the record shows that the date, time and place of arrest of the petitioners have not been, shown with certainty by the police. The site plan also does not show that the place of recovery had two exists. Considering it a fit case for reappraisal of the entire evidence, we convert this petition in an appeal and the same is hereby allowed. The sentence of life imprisonment awarded, to both the petitioners is ordered to be suspended till the final decision of the main appeal.
4. Both the appellants/accused are ordered to be released on bail subject to furnishing bail bonds in the sum of Rs,200,000 each with two sureties each in the like amount to the satisfaction of the Deputy Registrar, Judicial Lahore High Court, Lahore.