ORDER Through this petition, petitioner/appellant Muhammad Kashif alias Kashi seeks suspension of his sentence, who has been convicted and sentenced by the learned Trial Court as under:-
(i) Imprisonment for Life under Section 302(b)/34, P.P.C, with a compensation of Rs. 50,000/- under Section 544-A, Cr.P.C, to the legal heirs of the deceased and in default of payment of compensation to further undergo six months'S. I.
(ii) Ten Years' R.I. Under Section 324. P.P.C, with a fine of Rs. 25,000/- and in default of payment of fine to further undergo two months' S.I., as well as a compensation of Rs. 10,000/- under Section 544-A, Cr.P.C, to the injured and in default thereof to further undergo one month's S.I.
All the sentences have been ordered to run concurrently and benefit of Section 382-B, Cr.P.C, has been given to the petitioner.
2. Learned counsel for the petitioner, in support of this petition, contends that the allegation against the petitioner is that he was armed with a pistol and has caused fire-arm injury on the right thigh of injured Mohsin Ali;, that no pistol was recovered from the petitioner and there is no allegation of causing any injury to the deceased against the petitioner; that the petitioner is behind the bars for the last more than six years and if the remissions are included he has served of the sentence of about eight years as is clear from the report submitted by the Jail Superintendent; that the petitioner has been convicted under Section 302(b) read with Section 34, P.P.C, whereas there is no such evidence which could attract the provisions of Section 34, P.P.C, qua the petitioner and this fact even otherwise shall finally be determined at the time of hearing the main appeal which is not in sight in the near future.
On the other hand, learned Deputy Prosecutor General assisted by learned counsel for the complainant opposes this petition by contending that the petitioner alongwith his co-accused came at the place of occurrence while armed with deadly weapons, therefore, the provisions of Section 34, P.P.C, are fully attracted; that the petitioner has been convicted after a regular trial and he is not entitled for suspension of his sentence.
4. Heard. Record perused.
5. As per the prosecution case the deceased was fired at by co-convict of the petitioner namely Fayyaz Ahmad alias Ghorra who has been sentenced to death by the learned Trial Court. The allegation against the petitioner is that he was armed with a pistol and has caused fire-arm injury on the right thigh of injured Mohsin Ali and there is no allegation against him of repeating the fire or causing any injury to the deceased. According to the report dated 08.04.2011 submitted by the Superintendent, Central Jail, Lahore, including remissions the petitioner has served of the sentence of 07 years, 09 months and 13 days. The question, whether the petitioner is vicariously liable for the at of his co-convict Fayyaz Ahmad alias Ghorra needs serious consideration at the time of hearing of the main appeal. The co-convict of the petitioner namely Fayyaz Ahmad alias Ghorra has been sentenced to death and there is no likelihood of hearing of the appeal of the petitioner in near future. We, therefore, allow this petition and suspend the sentence of the petitioner till the final disposal of his criminal appeal, subject to his furnishing bail bond in the sum of Rs. 200,000/- (Rupees two hundred thousand only) with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court. However, the petitioner shall remain present before this Court on each and every date of hearing fixed in the main appeal.