ORDER GUL ZARIN KIANI, J.-- The petitioner, Mst. Sughran, daughter of Ahmad Yar, caste Maikan, aged 30 years, resident of Chak No. 77/EB, Tehsil Arifwala, District Sahiwal (Presently confined in District Jail, Shaiwal), was convicted and sentenced to imprisonment for life under sections 302/34 PPC for having taken a part in the murders of Muhammad Ashraf and Mst. Azizan, on 27.1.1989 in the house of Muhammad Ashraf, situated in Chak No. 77/EB, Her co-convict, Bashir Ahmad, however, was sentenced to death.
2. The facts are that the co-convict Bashir Ahmad was married with Mst. Azizan (deceased) while Mst. Sughran and the deceased Mst. Azizan are the real sisters. The allegation against the petitioner was that she held the deceased and facilitated her co-convict to commit the crime.
3. Learned counsel contends that there was absolutely no evidence to connect the petitioner with the commission of the crime and that only allegation against her was that she held the deceased during the occurrence. Learned counsel has placed reliance on Muhammad Rashid Vs. Muhammad Irfan and another (1985 SCM R 1781), Allah Bakhsh Vs. State (1985 P.Cr.L.J. 527) and Abdul Sattar alias Sain Vs. The State (1985 P.Cr.L.J. 1974) in support of her bail plea. In these cases, after conviction, the sentences of the convicts were suspended almost in an identical situation. In case of Muhammad Rashid, sentence of death was suspended while in the other cases, sentences of imprisonment for life were suspended. Learned State counsel was unable to distinguish this case from the referred cases. We are of the view that the contentions raised and argued by the learned counsel are impressive inasmuch as the petitioner did not cause any injury to the two deceased during the incident. The petitioner being a lady is entitled to a special treatment. In this view of the matter, we are inclined*to exercise our discretion in suspending the sentence of the petitioner.
Respectfully relying upon the cases referred to above, we suspend the sentence of the petitioner provided she furnishes bail bond in the sum of Rs. 1,00,000/" (Rupees one lac) with two sureties each in the like amount to the satisfaction of the A.C./Duty Magistrate, Sahiwal.