' Mst. Nusrat Bibi petitioner-appellant has sought suspension of sentence and her release on bail.
2. They relevant facts are; that Mst. Nusrat Bibi wife of Ghulam Ahmad deceased was sent up to face trial alongwith Muhammad Rafiq and Muhammad Shafiq in case F.I.R. No.73 of 2001 registered at Police Station Liaqatpur for offences under section 302/34, P.P.C. For causing murder of Ghulam Ahmad. Vide judgment dated 10-6-2003 the learned trial Court convicted the accused for an offence under section 302(b)/34, P.P.C. And sentenced each of them to imprisonment for life. They were also directed to pay Rs.2,00,000 as compensation under section 544-A, Cr.)P.C to the.Legal heirs of the deceased. In default whereof the convicts were to suffer further S.I. For six months.
Feeling aggrieved the petitioner-appellant has challenged her conviction and sentence through the instant appeal.
3. The learned counsel for the petitioner has argued that the petitioner has been involved in this case merely on suspicion and that the case of the petitioner was covered by proviso to subsection
(1) of section 497, Cr.P.C. Conversely, the learned counsel appearing on behalf of the c9mplainant and the learned counsel representing the State has opposed this application and has argued that the petitioner has been convicted after a fair assessment of evidence by the trial Court and that she had been instrumental in the murder of her own husband. Thus, she did not deserve any leniency.
4. I have heard the learned counsel for the parties and have also gone through the impugned judgment. It has been noticed that the role assigned to the petitioner is that she /was seen holding hair of the deceased. Admittedly, she has not caused any injury to the deceased who lost his life due to Asphyxia caused by strangulation attributed to convict co-accused Muhammad Rafiq and Muhammad Shafiq. Considering the role assigned to the petitioner and that the petitioner is a woman, I am inclined to suspend the sentence and admit her to bail subject to her furnishing bail bond in the sum of R.1,00,000 (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the Deputy Registrar (Judi.) of this Bench.