Criminal Miscellaneous No,1 of 2001 ' Muhammad Aslam, Falak Sher, Nazar Hussain, Mukhtar Hussain and Muhammad Riaz petitioners- appellants in Criminal Miscellaneous No,1 of 2001 in Criminal Appeal No,211 of 1999 and Khan Muhammad and Mukhtar Hussain alias Shanna petitioners-appellants in Criminal Miscellaneous No,1 of 2001 in Criminal Appeal No,204 of 1999 were convicted for an offence under section 302(b), P.P.C. Vide judgment, dated 30-4-1999 rendered by the learned Additional Sessions Judge, Multan and were sentenced to imprisonment for life each on three counts and were ordered to pay a sum of Rs,30,000 each on each count to the heirs of the deceased by way of compensation under section 544-A, Cr.P.C. Or in default of payment thereof to undergo rigorous imprisonment for six months each. The benefit under section 382-B, Cr.P.C. Was extended to the petitioners. All these petitioners have challenged their convictions and sentences before this Court through Criminal Appeal No,211 of 1999 and Criminal Appeal No,204 of 1999 respectively which are still pending adjudication before this Court. Through the abovementioned miscellaneous petitions the petitioners have sought suspension of their sentences of imprisonment and release on bail during the pendency of their appeals before this Court.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that in the impugned judgment the learned trial Court had itself concluded that the conduct of Khan Muhammad petitioner and his family showed that they had no aggressive designs against Khurshid Ahmad and his family; the place of occurrence was the house of Khan Muhammad petitioner, the version of the incident advanced by the prosecution witnesses did not inspire confidence; the lodging of the F.I.R. By the complainant was shrouded in mystery; it was, therefore, unsafe to rely on the evidence produced by the prosecution; and the explanation given by the accused party regarding incident in question was more plausible.
3. It may be true that the earlier petitions filed by the present A petitioners for suspension of their sentences of imprisonment (Criminal Miscellaneous No,1 of 2000) in both the said appeals had been dismissed by this Court vide orders dated 26-6-2000 passed in the respective appeals but at the same time it is pertinent to mention that more than one year has passed after the passage of said orders and the petitioners appeals have not so far been decided. About 2-1/2 years have already elapsed since the petitioners' convictions recorded by the learned trial Court and there is no prospect of an early hearing of the petitioners' appeals.
4. The question as to which version advanced by the rival parties to this case is correct shall be seriously considered by this Court at the time of hearing of the main appeals.
5. For what has been discussed above these petitions are allowed, the sentences of imprisonment passed against the petitioners are suspended and the petitioners are admitted to bail subject to furnishing bail Bonds in the sum of Rs,50,000 (Rupees fifty thousand only) each with two sureties each in the like amount to the satisfaction of the trial Court.