1. ASIF SAEED KHAN KHOSA, J.---With the assistance of the learned Additional Prosecutor-General, Punjab appearing for the State we have gone through the memorandum of this petition, the impugned order passed by the High Court and the relevant record of the case appended with this petition and have observed that the occurrence in this case had taken place during a night at Tahaj fad prayer's time and a collective allegation had been leveled by the prosecution against 6/7 persons including respondent No. 1 regarding firing at Qari Muhammad Ramzan deceased inside a mosque. The medical evidence had shown that the deceased had received only one firearm entry wound on his body which, as observed above, stood attributed to 6/7 persons. During the investigation respondent No.1 had been declared to be innocent and his name was placed in column No. 2 of the Challan. Nothing had been recovered from the custody of respondent No. 1 during the investigation. All the co-accused of respondent No. 1 had been acquitted by the trial court. In the impugned order the High Court had observed that the case against respondent No. '1 was prima facie at par with that against his acquitted co-accused. Respondent No. I had remained on bail during his trial and no allegation had been leveled regarding any misuse or abuse of the concession of bail by .him. Respondent No. 1 had spent about fourteen months in jail after recording of his conviction by the trial court and there was no prospect of an early hearing of his appeal before the High Court. In these circumstances the High Court had suspended the sentence of respondent No. 1 during the pendency of his appeal and, had admitted him on bail. In the above mentioned peculiar circumstances of the case we have not felt persuaded to interfere with the exercise of jurisdiction and discretion in the matter by the High Court. This petition is, therefore,