' The petitioners, Haji Aman Ullah and Maqsood Khan seek release on bail by way of suspension of their sentence awarded to them by the learned Additional Sessions Judge, Bhakkar vide judgment dated 23.4.2013, whereby they were convicted under Sections 302(b)/149 P.P.C. And sentenced to imprisonment for life each with direction to pay a sum of Rs, 1,00,000/-each to the legal heirs of the deceased as compensation under Section 544-A, Cr.P.C. Or in default whereof to undergo simple imprisonment for six months each and under Sections 364/149, P.P.C. To rigorous imprisonment for ten years with fine of Rs,50,000/- or in default whereof to undergo simple imprisonment for six months each. Benefit of Section 382-B, Cr.P.C. Was, however, extended to them.
2. After hearing learned counsel for the parties and perusing the record, it is observed that the learned trial Court has. Categorically observed in the impugned judgment that it was Hafeez Ullah Khan (co-convict of the petitioners), who had committed murder of Liaqat Hussain deceased on the pretext of Ghairat and his brother Aman Ullah (petitioner) joined by his son Maqsood Khan (petitioner) helped in with the community of intention to commit the crime. It has not been clarified in the said judgment as to how and in what manner Haji Aman Ullah and Maqsood Khan convict/petitioners had helped their co-accused Hafeez Ullah Khan. The medical evidence tendered by Dr.Zil-e-Hasnain (P.W.5) gives rise to a strong impression that the injuries sustained by the deceased had been caused by soft-bore weapon as some pieces of wads were noticed by the autopsy-performer in the brain-matter of the deceased, giving strength to the idea that a 12-bore weapon had been used to murder him. The testimonies rendered by the eye-witnesses, Mukhtar (P.W.8) and Akhtar Hussain (P.W.10) have been referred to in the impugned judgment, which showed that they had burdened the petitioners with the liability of holding rifles at the time of the alleged occurrence. Besides learned trial Court brushed aside the testimonies of the eye-witnesses (P.W.8 &P.W.10) being highly doubtful. If eye-witnesses had been disbelieved, how come the witnesses of last seen evidence could be believed to hand down the sentence of imprisonment for life each to the petitioners. It would be a crucial question to be taken care of at the time of final adjudication of the appeal (Crl.A.No, 644/2013), filed by the petitioners against their conviction/sentence. They were taken into custody on 5.10.2010 and they have been languishing in jail ever since. Keeping them continuously confined in jail would not serve any useful purpose.
Therefore, this application is allowed and sentence of the petitioners is suspended. They are directed to be released from the prison subject to furnishing bail bonds in the sum of Rs,5,00,000/- (five Lacs): each with two sureties each in the like amount to the satisfaction of the learned trial Court. They shall appear before this Court on each and every date of hearing of the main appeal.