This is an application for the suspension of sentence of Sohail Habib alias Abbi son of Habib Ullah who stands convicted under section 302, P.P.C. And sentenced to imprisonment for life plus fine vide judgment dated 25-7-1990 passed by the learned Additional Sessions Judge, Gujranwala.
2. The prosecution case is that about 5/6 days before the occurrence Muhammad Ameer alias Muhammad Munir deceased and Sohail Habib petitioner had quarrelled with each other, for, according to the petitioner the deceased had molested Mst. Nargus, the wife of his brother. On the day of occurrence the petitioner came to the house of the deceased and called him out and took him to the house of Mst. Nazir Begum co-accused (since acquitted) and fired a revolver shot at him which resulted in his death. As per F.I.R. The occurrence was witnessed by Muhammad Dawood and Tariq Javaid.
3. At the trial Muhammad Dawood P.W.9 did not support the prosecution and was declared hostile.
Tariq Javaid P.W. Was given up. Ali Muhammad complainant himself was not an eye-witness. One Ghulam Muhammad was examined as an eye-witness but his name does not find mention in the F.I.R. Wajtakar witness Malik Muhammad Ibrahim is also not mentioned in the F.I.R. The recovery of revolver at the instance of the petitioner is of no significance because no empty was recovered from the spot with which it could match it is added.
4. Keeping in view .The above circumstances, the sentence of the petitioner is suspended and he is admitted to bail subject to his furnishing bail bonds in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of A.C., Gujranwala.