This is a petition under section 426, Cr.P.C. On behalf of Ahmad alias Ahmad Yar who has been sentenced to rigorous imprisonment for two years under section 148, P.P.C. R.I. For one year under section 323/149, P.P.C. R.I. For three months under section 447, P.P.C. And imprisonment for life and a fine of Rs.10,000 under section 302/149, P.P.C. With the direction that all the sentences hall run concurrently.
2. The only allegation against the petitioner was that he held Ghulam Farid deceased before he was given a Phahora blow by co-convict Ghulam Qadir which resulted in his instantaneous death.
Dealing with his case the learned trial Judge observed that `Ahmad accused is proved to have held the deceased at the time of injury on his head. So Ghulam Qadir and Ahmad accused are found guilty for the offence under section 302/149, P.P.C. And both of them are accordingly convicted.
3. The ground urged by the learned counsel for the petitioner for the suspension of sentence is that prima facie the case against the petitioner is very weak and his conviction is not liable to be sustained. Learned State counsel has opposed the prayer.
4. I have considered the submissions made at the Bar. Admittedly, the petitioner did not cause any injury to the deceased. The evidence against him was that he held the deceased before he was given a Phahora blow by co-convict, Ghulam Qadir which resulted in his death. The principles laid down in section 497, Cr.P.C. Provide guidelines and have to be borne in mind in granting or refusing bail pending appeal. In view of the role attributed to the petitioner, I feel inclined to the view that a case for the suspension of his sentence is made out. Accordingly, I suspend the sentence of the petitioner subject to his furnishing security in the sum of Rs.1,00,000 (one lac) with two sureties in the like amount to the satisfaction of Assistant Commissioner, Kamalia.