Criminal Miscellaneous No,2 of 2012 ' MAZHAR IQBAL SIDHU, J.--- First application was dismissed due to non-prosecution. For the second time, petitioner Muhammad Tariq has sought for suspension of execution of quantum of sentence.
2. Learned counsel for the petitioner contends that four persons were tried, all were attributed injuries by specificity but during investigation, the Investigating Agency did not accord the allegations contained in the F.I.R. And Tayyab, Ahmad Yar and Riaz were found innocent, ultimately a private criminal complaint was filed under section 200, Cr.P.C., then trial was concluded and finally judgment was borne. Further contends that on the face of it, petitioner deserves acquittal because all his particeps criminis have been acquitted, recovery has been disbelieved; divisibility of ocular testimony is not possible in this case, therefore, petitioner is liable to be granted concession of execution of quantum of sentence by way of acceptance of instant application and by releasing him on bail.
3. Submissions have been opposed by the adversaries on the ground that investigation outcome was involvement of the petitioner, then trial Court ultimately after sifting the chaff from the grains came to, the conclusion that petitioner was responsible, for the commission of murder and arguments raised ad barram by learned counsel for the petitioner necessarily tickle the court to go to the deep merits of the case and this practice cannot be undertaken while deciding application under section 426, Cr.P.C.
4. Arguments hearkened and buck passed the record.
5. Chronological paragraphs Nos.29 and ' 30 of the impugned judgment have also been gone through.
6. The accusational part of the judgment has also been taken into consideration. Learned trial Court has not accepted recovery allegedly made on the pointing out of the petitioner. Specific roles were attributed to all the accused mentioned in the F.I.R. But all have been acquitted. No specific injury has been attributed to the petitioner. Prima facie, material available on record justifies acceptance of instant application, therefore, instant petition is accepted. Consequently, quantum of sentence imposed upon the petitioner by the learned trial Court is suspended and he is directed to be released on bail provided his furnishing bail bonds in the sum of Rs,2,00,000 (two lacs) with one surety in the like amount to the satisfaction of DR (Judi) of this court. Petitioner is directed to appear before this court on all future dates of hearing incessantly.