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Criminal Miscellaneous No. 1 of 1981 in Appeal No. 390 of 198J, decided on 21st September, 1981.
S. 426 and Penal Code (XLV of 1860), S. 307/34--Suspension of sentence-Contention that motive and. place of occurrence disbelieved---- Documentary evidence regarding turn of water not supporting pro secution case and only witnesses believed deceased's son as such peti tioner entitled to bail--Without going into merits of case in depth suspension of sentence ordered in view of peculiar circumstances of case.
Muhammad Abdus Saleem for Petitioner.
Sabir Nishter for the State.
It is contended by the learned counsel that prosecution evidence with regard to the motive and the place of occurrence has nest been believed. As regards the case .for the complainant that they had the turn of the water the learned counsel states that documentary evidence bad been produced to the contrary. Out of the two eye-witnesses one has not been believed . The other one Abdul Khaliq is a real son of the deceased and according to the learned counsel it is not safe to rely on his testimony.
2. The merits of the case cannot be gone into in depth at this stage, but it is a fit case, in view of the peculiar circumstances, for suspension of sentence. The sentence is, therefore, suspended. The petitioner be released if be furnishes a bond in the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of A. C., Gujranwala.
Bail granted.
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