1. ' RAJA AFRASIAB KHAN, J.---On 26th of January, 1995, respondent No,1, Muhammad Afzal was convicted and sentenced to imprisonment for life under section 302, P.P.C., for the murder of Muhammad Shah by a learned Additional Sessions Judge, Gujrat. Like-wise, under section 324, P.P.C., he was convicted and sentenced to R.I., for three years and fine of Rs,3,000 or in default to undergo R.I. For six months for making murderous assault upon Najib-ur-Rehman P.W. A petition under section 426, Cr.P.C., was moved by the respondent for suspension of his sentence. On 4-7- 1995, a learned Judge in the Lahore High Court admitted the respondent to bail by suspending his sentence. This petition seeking leave to appeal has been instituted by the complainant, Khalil-ur.- Rehman.
2. ' Learned counsel submits that prosecution proved its case against the respondent and as such, he was rightly convicted and sentenced. According to learned counsel, there existed no legal justification to suspend his sentence. Learned State counsel supports the application for cancellation of bail. It appears that the learned High Court was Influenced with the remarks having been made by the trial Judge in para. 16 of his judgment. It was noted that motive for commission of crime was weak and also no recovery of weapon of offence could be effected by the investigator. It was observed that deceased (Muhammad Shah) was involved in a number of criminal cases. Without expressing any opinion on merits, we are not inclined to interfere inasmuch as sentence of the respondent has rightly been suspended. In the peculiar facts and circumstances of this case, leave to appeal is refused by dismissing this petition.