Through Criminal Miscellaneous No. 1 of 2015, petitioners Muhammad Aslam and Ismail and through Criminal Miscellaneous No. 1 of 2017, petitioner Muhammad Shafi, both filed under Section 426, Cr.P.C., have sought suspension of their sentence awarded to them by a learned Additional Session Judge at Multan vide judgment dated 30.04.2015 in private complaint titled 'Muhammad Riaz versus Liaqat and 5 others' in respect of offences under Sections 302, 364, 148 & 149, PPC arising out of case F.I.R. No. 497/2011, in respect of offences under Sections 302, 364, 148 & 149, PPC registered at Police Station, Saddar Shujabad District Multan whereby They were convicted and sentenced as under: Under Section 302(b) read with Section 149, PPC Imprisonment for life each and to pay compensation of Rs. 100,000/- each to the legal heirs of the deceased as provided under Section 544-A Cr.P.C. and in default thereof to further undergo simple imprisonment for six months each.
Under Section 364 read with Section 149, PPC Imprisonment for life each and to pay compensation of Rs. 50,000/- each to the legal heirs of the deceased as provided under Section 544-A, Cr.P.C. and in default thereof to further undergo simple imprisonment for three months each.
Under Section 148, PPC Rigorous imprisonment for three years.
All the aforesaid sentences were directed to run concurrently. The benefit of Section 382-B, Cr.P.C. was extended to the petitioners.
2. We have heard learned counsel for the petitioners, learned Deputy Prosecutor General appearing for the State assisted by learned counsels for the complainant and have perused the available record with their able assistance.
3. The petitioners alongwith their co-accused while armed with lethal weapons, in furtherance of their common object, had abducted Ijaz Ahmad deceased on gun point and took him towards Chah Dao Wala graveyard where they committed his murder by making fire shots. Petitioner Muhammad Shafi had been saddled with the responsibility of firing at the belly whereas the fire shots of petitioners Aslam and Ismail had hit at the left arm of Ijaz deceased and the said fire-arm injuries on the person of the deceased were found available by the medical expert at the time of post-mortem examination of his dead body. The main emphasize of the learned counsel for the petitioners is that the petitioners had been found innocent during investigation and, thus, the prosecution evidence as to their guilt is required to be re-appraised by this Court. We have observed that the learned trial Court, after appraisal of the evidence available on record, had observed that the investigation conducted by the investigating officer was biased, who was taken to task through departmental inquiry and was reverted to the lower rank. The petitioners were convicted and sentenced by the trial Court after due appraisal of the evidence available on record, therefore, the concept of innocence has been completely dislodged after their conviction by the learned trial Court. Learned counsel for the petitioners has failed to point out even a single instance entitling the petitioners to be released on bail after suspension of his sentence.
In view of what has been discussed above, both the petitions in hand are without any merit, the same stand dismissed.