1. ' The appellants Fateh Muhammad alias Fatoo, Abdul Razak alias Razoo and Ishaq have sought suspension of their sentences and grant of bail through present application under section 426, Cr.P.C.
2. ' I have heard. Mr. Muhammad Ayaz Soomro, learned counsel for the appellant and Mr. Ali Azher Tunio, learned Assistant Advocate-General for the State. Latter vehemently opposed the suspension of sentence and grant of bail.
3. ' The brief facts of the prosecution case are that initially appellant Fateh Muhammad alias Fatoo, Ramzan and Deedar were nominated as accused in the F.I.R. Being the assailants. During the course, of investigation the appellant Fateh Muhammad alias Fatoo confessed his guilt and he named the appellants Abdul Razzak alias Razoo and Ishaq as accomplices. Ramzan and Deedar were let of by the police in investigation and in their place Abdul Razzak alias Razoo and Ishaq were sent up who were convicted and sentenced by the trial Court.
4. ' As per prosecution case, complainant Sikandar Ali, P. Ws. Ghulam Haider and Muharam Ali are eye-witnesses of the occurrence and their names transpire in the F.I.R. During the trial complainant Sikandar Ali did not implicate the appellants Ishaq and Abdul Razzak as assailants in his evidence before the trial Court, whereas eye-witnesses Ghulam Haider and Muharam Ali whose names transpire in the F.I,R. We're not examined and they were given up by the prosecution. Only evidence against the appellants Abdul Razzak and Ishaq is retracted judicial' confession of co- accused/appellant Fateh Muhammad alias Fatoo. This position is not controverted by the learned A.A.-G. Appearing on behalf of the State. Consequently, the appellants Abdul Razzak and Ishaq are entitled to bail.
5. ' In this context I am also fortified by the unreported order of this Court passed by my learned brother Abdul Hameed Dogar, J. In Niazoo v. The State Criminal Appeal No,36 of 1998.
6. So for appellant Fateh Muhammad alias Fatoo is concerned, he has been ascribed specific role of causing hatchet blows to deceased and more over complainant has implicated him in F.I.R. As well as in his evidence before the trial Court. Apart from that there is inculpatory judicial confession of appellant Fateh Muhammad alias Fatoo on the record. In view of this bail plea of appellant Fateh Muhammad alias Fatoo merits no consideration and is liable to be rejected.
7. ' By my short order, dated 14-1-1999 sentence of appellant Abdul RazzalcIC alias Razoo and Ishaq was suspended whereas bail plea of appellant Fateh Muhammad alias Fatoo was dismissed: Above are the reasons for the said short order.