' Petitioner Muhammad Aslam through the instant petition filed under Section 426, Cr.P.C. Seeks suspension of his sentence. Me along with his co-accused Muhammad Asif and Nasir Abbas alias Nasiri was tried by the learned Sessions Judge, Khanewal in case FIR No, 306/2008, dated 07.08.2008, under Sections 302, 109/34, PPC registered at Police Station Saray-i-Sidhu, District Khanewal and vide judgment dated 30.04.2011 he was convicted under Section 302(b), PPC to imprisonment for life as Tazir with a fine of Rs, 25,000/-, in default of which to further undergo two months SI. Benefit of Section 382-B, Cr.P.C. Was, however, extended to him.
2. It has been contended on behalf of the petitioner that he is not named in the F.I.R rather he was implicated on the basis of supplementary statement recorded by the complainant after 2 1/2 months of the occurrence and that no identification parade: was conducted to connect the petitioner in this case. Further argued that sentence of co-accused namely, Muhammad Asif has been suspended by this Court vide order dated 30.31.2011; that the similar role was attributed to the petitioner, therefore, in view of principle of consistency, the petitioner is also entitled for the same relief.
3. On the other hand, learned DPG assisted by learned counsel for the complainant has opposed this petition. They further contended that the petitioner fully facilitated the main accused to commit murder of the deceased; that although sentence of the co-accused Muhammad Asif has been suspended but no weapon of offence was recovered from him whereas repeater gun was recovered from the petitioner, therefore, he is not entitled for suspension of his sentence.
4. Arguments heard. Record perused.
5. Admittedly, the petitioner was not named in the F.I.R and he was nominated on the basis of supplementary statement of the complainant recorded under Section 161, Cr.P.C. After a considerable delay. Although the repeater gun was recovered from the petitioner yet he did not cause any injury to the deceased or PW. According to the allegations, Nasir co-accused is the main accused who made firing upon the deceased. There is no mark of violence on the arms of deceased to show that he was grappled by the accused forcibly. On the similar evidence, co- accused Tariq alias Tahir, Nazar alias Kalu, Mehdi Khan and Muhammad Ramzan have been acquitted of the charges. Admittedly, no identification parade was held in this case. The sentence of co-accused of the petitioner namely, Muhammad Asif has been suspended by this Court, therefore, on the principle of consistency, the petitioner is also entitled for the same relief. In this regard reference may be made to the case of Ghulam Abbas vs. The State (1996 SCM R 978) wherein the August Supreme Court held that although the complainant claimed to have been hit by the shots fired by the accused, yet from the contents of the F.I.R it was difficult to distinguish the case of accused from that of four other co-accused already enlarged on bail. Petition for leave to appeal was converted into appeal in circumstances and the accused was admitted to bail on the principle of consistency.
5. In view of the above, the instant petition is accepted, sentence of the petitioner, Muhammad Aslam is suspended and he is released on bail, subject to his furnishing bail bonds in the sum of Rs, 200,000/- (Rupees two lac only) with one surety in the like amount to the satisfaction of the Deputy Registrar(Judl) of this Court. He is further directed to appear before this Court on each and every date of hearing till the final disposal of the main appeal.