1. ORDER MUHMMAD ALI MAZHAR, J. Matter. Is fixed for hearing of M.A. 741 of 2011 filed under section 426, Cr.P.C. Learned counsel for the complainant is present and invited court attention to no objection which has been signed by the complainant Muhammad Raheem in which it is stated that the appellant was involved as a suspect in the case as the face of culprit was muffled as such identity of the appellant was doubtful and it is further stated in the same statement that victim Allah Bachai committed suicide before registration of F.I.R. As such neither her statement was recorded nor her evidence, therefore, complainant says that appellant is innocent and he is likely to be acquitted by extending benefit of doubt, consequently, complainant has no objection if during pendency of appeal, his sentence is suspended and he is allowed bail.
2. I have seen the Judgment passed by the learned Sessions Judge Badin in S.C. No.277 of 2008 on 2- 12-2009. Though the prosecution case reflects that at the time of incident, father of the victim, complainant in the case identified Rustam An but in his examination-in-chief recorded in the trial, he stated that on electricity light he saw a person whose face was muffled, therefore, he was in doubt whether he was Rustam son of Umer Mazari. Similarly another prosecution witness Gul Muhammad, who is uncle of the victim and brother of the complainant also deposed same fact that he saw a person whose face was muffled and he ran away. Brother of the victim namely Ayoob in his deposition also deposed same facts that he saw a muffled face person, who ran away.
3. Learned Deputy Prosecutor-General Sindh says that since the complainant has given no objection and it has also come in evidence that actual culprit was muffled face person, therefore, he has no objection for grant of bail.
4. Since it has come on the record that actual culprit was a muffled face person and the complainant has conceded his no objection to the grant of bail, therefore, the application filed by the appellant is granted, sentence is suspended and the appellant is granted bail subject to furnishing solvent surety in the sum of Rs.100,000 and P.R bond in the like amount to the satisfaction of the Additional Registrar of this court. Let this matter be fixed for regular IA - hearing on 27-5-2011.