' Petitioners/appellants, along with seventeen others. Were tried for the murder of Sher Bahadar and vide judgment dated 1-10-2001 passed by the learned Additional Sessions Judge, Mianwali, while acquitting the rest, petitioners/appellants along with co-convict Muhammad Sher were convicted under section 324/34, P.P.C. And sentenced to ten years R.I. Each with a fine of Rs,10,000 each in default whereof to undergo R.I. For one year each while there, co-convict Gul Muhammad was convicted under section 302-B, P.P.C. And sentenced to death with a compensation of Rs,1,00,000 to be paid to the legal heirs of the deceased in default whereof he was further directed to undergo S.-I. For six months.
2. Learned counsel for the petitioners Samiullah Khan and ,Saddullah Khan seeks suspension of their sentence on the grounds that only ineffective firing is attributed to them; that they are not connected with the motive part of the prosecution story, that two co-accused, namely, Ajmal Khan and Majeebullah Khan, who were attributed similar role, have been acquitted by the learned trial Court and the petitioners were convicted merely because they allegedly led to recovery of weapons of offence which recovery, according to the learned counsel, is of no avail as no empty was recovered from the spot to connect the petitioners with the alleged occurrence.
3. Learned counsel for the State opposed the petition by submitting that the petitioners have been convicted and sentenced to ten years R.I. Each with a fine of Rs,10,000 each and it is too early to pray for suspension of their sentence.
4. Heard.
5. Admittedly, only ineffective firing is attributed to Samiullah Khan and Saadullah Khan petitioners/appellants/convicts and their co-accused Ajmal Khan and Najeebullah, who were attributed similar role, have been acquitted by the learned trial Court. The only distinguishing feature which found favour-with the learned trial Court to convict these petitioners given in para. 28 of the judgment, is that they led to the recovery of .12 bore gun. They remained on bail during the trial. In these circumstances we are inclined to allow this application and direct that the sentences of petitioners, Samiullah Khan and Saadullah Khan shall remain suspended till the final disposal of the appeal provided they furnish bail bonds in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of the learned trial Court.