' ALI BAQAR NAJAFI, J. --- Through this petition under Section 426(2B), Cr.P.C. The petitioner seeks suspension of sentence passed by the learned Additional Sessions Judge, Depalpur, District Okara vide judgment dated 31.05.2003; whereby he was convicted under Section 302(b), P P.C. And sentenced him to imprisonment for life and was held liable to pay compensation of Rs, 1,00,000/- to the legal heirs of the deceased person as prescribed under Section 544-A, Cr.P.C. And in default thereof to further undergo S.I. For six months. Benefit of Section 382-B, Cr.P.C. Was also extended to him.
2. Vide judgment dated 14.01.2005 passed by in Criminal Appeals No, 1860 and 15-J of 2004, the said conviction and sentence was upheld, where after the Hon'ble Supreme Court in Jail Petition No, 216 of 2013 granted leave to appeal on 08.10.2013, where after this petition is filed.
3. The main argument of the learned counsel for the petitioner is that the testimony of Abdul Ghaffar (PW-10) was discarded by the Trial Court whereas Manzoor Ahmad (PW-11) just mentions the fact of presence of the name of the petitioner in the F.I.R. The deceased sustained five injuries which have been also ascribed to the co-accused persons and death was a cumulative effect of the said injuries. He submits that in Criminal Appeal No, 216-J/13 against the conviction passed vide judgment dated 14.01.2005 by this Court the Hon'ble Supreme Court of Pakistan granted leave for re-appraisal of entire evidence. He also adds that as per report dated 10.03.2014 the petitioner has spent 13 years, 2 months and 12 days as substantive sentence and if remissions are calculated, he has spent 21 years and 18 days and is entitled to be released on bail while suspending his sentence.
4. Conversely, the learned Deputy Prosecutor General has vehemently opposed the petition and prays for dismissal of this petition.
5. Heard. Record perused.
6. The death of Nazir Ahmad was the result of five injuries ascribed to different accused persons including the petitioner which he sustained on his leg etc. The cause of death was the excess bleeding due to the injuries sustained by the deceased. However, on the presence of eye-witnesses and time of occurrence being in dark night the Hon'ble Supreme Court had already granted leave to appeal on 08.10.2013 para No, 3 of which is re-produced below for facility of reference:- ' "Three eye-witnesses were produced at the trial Muhammad Sharif (PW-9) Abdul Ghaffar and Manzoor Ahmad (PW-11), the leader idea two brothers of the deceased. Abdul Ghaffar was not named in the whereas the complainant Manzoor Ahmad in ergs-examination stated that while sitting in the mosque he was informed that a person had been murdered. That when he reached the scene, the accused had already fled. He further disclosed that the scene of occurrence was an acre away from the mosque. In view of the statement of the complainant and that the occurrence had been taken place after dark in a secluded area, in my opinion the evidence would require re-appraisal to examine whether the conviction and sentence of the petitioner can be sustained. The question of limitation can be considered later since the petitioners have questioned their conviction and sentence.
NASIR-UL-MULK JUDGE Opinion of second Judge (Hon'ble Mr. Justice Mushir Alam)
' On facts and circumstances, I agree with the opinion of Hon'ble Senior Judge, Mr. Justice Nasir- ul-Mulk that, evidence needs to be reappraisal to meet the ends of justice.
(MUSHIR ALAM)
JUDGE
7. Jail report dated 08.03.2014 received on 10.03.2014 reveals that the petitioner has spent substantive sentence of 13 years, 2 months and 12 days and if earned remissions are calculated he has spent a total period of 21 years, 18 days in jail. The petitioner, as such, has spent more than half of the sentence and the Hon'ble Supreme Court of Pakistan has already granted leave to reappraisal of entire evidence, therefore, this petition is allowed, sentence awarded to the petitioner is suspended and he is admitted to bail subject to his furnishing bail bond in the sum of Rs, 2,00,000/- with two sureties each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court.