' The three petitioners were accused of having committed the murder of Isa Khan by giving him fire-arm wounds, vide FIR. No,212, dated 7-7-1991, registered at Police Station Saddar, Dera Ghazi Khan. It is alleged that Muhammad Ayub's fire missed, the fire of Muhammad Bashir hit the deceased A in the abdomen, while the fire of Muhammad Tariq proved fatal. Vide judgment, dated 31-10-1992, the trial Court convicted the three accused under section 302/34, P.P.C. Etc. And sentenced each of them to suffer imprisonment for life.
2. The bail is mainly pressed on the ground of lapse of time of two years and the non-hearing of the appeal. In another matter of similar nature the office reported that it is the appeals up to the year 1985 which are being fixed for hearing. In this view, the present appeal is not likely to be heard in the near future. Learned counsel for the petitioners has also touched the merits of the case and have stated that the motive has been disbelieved by the trial Court. According to him, it is also proved that there is acute enmity between the parties.
3. Learned counsel appearing for complainant has opposed the grant of bail on the ground that it will take the Court to appraise the niceties of the case. Learned State Counsel has also opposed the grant of bail.
4. Without probing the case any further and in view of the fact that the appeal is not likely to be heard in the near future, I hereby suspend the sentence of Muhammad Ayub and Muhammad Bashir, petitioners, provided C they furnish bail in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Dera Ghazi Khan.
The bail plea of the third applicant, namely, Muhammad Tariq, is hereby rejected. Criminal Miscellaneous No,1 of 1994 is disposed of.