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Criminal Miscellaneous No.1 in Criminal Appeal No.52 of 1986, decided on 3rd August, 1986.
‑‑‑S.426‑‑Penal Code (XLV of 1860), Ss.302 & 452/34‑‑Suspension of sentence‑‑ Co‑accused firing fatal shot in last part of occurrence‑‑No other person injured‑‑Accused not attributed any active role though present at spot, armed with Dangs‑‑Sentence of accused suspended in circumstances.
Ch. Muhammad Hussain Chachhar for Petitioner.
C.M. Latif for the State.
Date of hearing: 3rd August, 1986.
Usman and Aurangzeb petitioner herein alongwith two others stand convicted under sections 452, 302 read with section 34, P.P.C. for having caused murder of Ghulam Farid in the prosecution of their common intention and are sentenced thereunder to 5 years' R.I. and life imprisonment plus fine respectively vide judgment, dated 23‑12‑1985. The occurrence is divided into three parts and the last part of the occurrence which took place at Peshiwela in the Ehata of Ahmad Yar P.W. wherein Zulfiqar co‑convict of the petitioners is stated to have fired a fatal shot on Ghulam Farid deceased. No other person was injured in this occurrence. Although the petitioners were present on the spot armed with Dangs yet no active role has been attributed to them. This is not controverted by the learned counsel for the State. In the circumstances, I feel inclined to suspend their sentence. They are directed to be released on bail subject to their furnishing bail bonds in the sum of Rs.20,000 (Rupees twenty thousand) each, with two sureties each in the like amount, to the satisfaction of Assistant Commissioner/ Duty Magistrate, Okara, during period of, this appeal.
S.A. Bail allowed.
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