The petitioner/convict alongwith his acquitted co-accused Muhammad Rafique had allegedly stabbed Muhammad Yousuf (P.W.6) causing him grievous injury on his flank. They were tried by a learned Magistrate Section 30 at Lahore and where Muhammad Rafique co-accused was acquitted, Abdul Rashid petitioner/convict was convicted under section 307, P.P.C. Vide his judgment, dated 8-1-1991 and sentenced to seven years' R.I. And a fine of Rs.10,000 or in default to further undergo six months' R.I. He was also convicted under section 452, P.P.C. And sentenced to three years' R.I. And fine of Rs.2,000 or in default to suffer six months' R.I. Both the substantive sentences were directed to run consecutively.
2. The main contention of the learned counsel for the petitioner in support of this application for the suspension of the sentence of the petitioner/convict is that Muhammad Yousuf (P W.6), who was the victim of the crime, stated that Abdul Rashid accused was apprehended on the spot soon after the commission of crime on 1-10-1985, but Muhammad Khan A.S.I., who was the Investigating Officer, stated that he had arrested this accused on 4-10-1985 and recovered blood-stained Chhuri from him on the same day. According to the learned counsel, Karam Din P.W., who was a witness of recovery of the blood-stained Chhuri, also supported Muhammad Yousuf (P.W.6) that the recovery was effected on 1-10-1985. This was, in the opinion of the learned counsel, a glaring contradiction in the prosecution evidence and made its case doubtful, entitled the convict to the grant of bail after the suspension of his sentence.
3. The application has been opposed on behalf of the State on the ground that the petitioner attacked the victim with a Chhuri, stabbing him on a vital part of the body and blood-stained Chhuri was also recovered from his possession. He has, however, not been able to explain the contradiction pointed out by the learned counsel for the petitioner.
4. The point agitated by the learned counsel may have some repercussion on the conviction recorded by the trial Court and since the petitioner has been in the lock-up ever since 8-1-1991, his sentence is suspended and he is granted bail in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of Illaqa Magistrate Nawan Kot/Duty Magistrate, Lahore.