Through this petition under Section 426, Cr.P.C. petitioner-appellant Tahir S/o Allah Wasaya has sought the suspension of sentence awarded to him by the learned Additional Sessions Judge, Kehror Pacca vide judgment dated 28.02.2018, in private complaint filed for offences under Sections 302, 324, 148 & 149, PPC within the area of Police Station City , Kehror Pacca, whereby he has been convicted and sentenced as under:- Under Sections 302(b) & 149. PPC Imprisonment for life as Taz'ir along -with compensation of Rs. 2,00,000/- to be paid to the legal heirs of deceased under Section 544-A, Cr .P.C. and in case of default, to undergo 06 months S.I The petitioner was held entitled to the benefit of Section 382- B, Cr .P.C.
2. Arguments heard. Record perused.
3. It is straightaway observed that in the FIR as well as in the private complaint the petitioner has not been attributed the role of inflicting any fire arm injury to the deceased. Perusal of record reveals that co-accused of the petitioner , namely , Allah Ditta and Siddiq ue, who have been attributed specific role of making fire arm injuries on different parts of body of the deceased have been acquitted by the learned trial Court vide impugned judgment dated 28.02.2018. Nothing is available on record to show that the petitioner is a desperate or hardened criminal. In these circumstances, in the light of case-law reported as "Maqsood Ahmad versus The State" (2017 SCMR 397) the petitioner is entitled to the relief of suspension of his sentence as the question qua his involvement in the instant case requires serious reappraisal of evidence at the time of deciding the appeal.
4. In view of what has been discusse d above, the petition in hand is allowed , impugned judgment dated 28.02.2018 to the extent of conviction and sentence of the petitioner is hereby suspended till the final decision of his appeal subject to his furnishing bail bonds in the sum of Rs.200,000/- (rupees two lac) with one surety in the like amount to the satisfaction of the Deputy Registrar (J) of this Court. The petitio ner is directed to appear before the Court on each and every date of hearing in the appeal.