Through this petition, Ahmad Ali and Haji Muhammad appellants/petitioners have sought suspension of sentence and their release on bail.
2. Both the petitioners alongwith other co-accused were convicted under section 302/34 P.P.C. and were sentenced to life imprisonment with a fine of Rs 50.000 each in a case F.I.R.No,30 dated 30-10- 1996 under section 302/34 P.P.C. registered at Police Station Chowk Azam, District Layyah.
3. The learned counsel for the petitioner has contended that although Ahmad Ali was armed with .12 bore gun but he had not fired at the deceased and no recovery was effected from him. In fact it was a case of exercise of right of self- defence exercised by Hafeez-ur-Rehman, co-accused. He further contended that Haji Muhammad/petitioner was un-armed and had not caused any injury to anyone. He has also no motive.
4. I have gone .through the judgment and also heard the learned counsel for the State, who has opposed the bail application. According to the prosecution case, motive is attributed to Ahmad Ali, 'who was also armed with. 12 bore gun. Ineffective firing is also attributed to him. The question whether he shared common intention or not, would need a deeper appraisal of the evidence, which is not permissible at this stage. Thus, bail application to the context of Ahmad Ali is dismissed.
5. It has been conceded that Haji Muhammad was empty-handed at the time of occurrence and he did not cause any injury to the deceased or the P.Ws.
6. In these circumstances, I am inclined to suspend the sentence of Haji Muhammad/petitioner and grant his bail subject to his tendering bail bonds in the sum of Rs,2,00,000 (Rupees two lacs) with two sureties each in the like mount to the satisfaction of the Deputy Registrar (Judicial) of this Bench. Haji Muhammad would appear on each and every date of hearing of his appeal.