MUMTAZ HUSSAIN Versus State

ORDER

IJAZ AHMAD CHAUDHRY, J.- - Through this application under section 426, Cr.P.C., the petitioner seeks suspension of his sentence, who vide judgment dated 11-10-2005 passed by the learned Additional Sessions Judge, Sargodha was convicted under section 302(b)/34, P.P.C. and sentenced to imprisonment for life with direction for payment of Rs.50,000 as compensation to the legal heirs of the deceased or in default thereof to further undergo six months' S.I. Benefit of section 382-B, Cr.P.C. was also extended to the petitioner.

2. Learned counsel for the petitioner contends that ineffective firing is attributed to the petitioner, the petitioner himself received the injury during the incident and cross-version was also recorded. It is further contended that according to the Investigating Officer the petitioner was empty-handed at the time of the occurrence.

3. Learned State counsel opposes this petition on the ground that the petitioner is named in the F.I.R. and the conviction has been passed on the basis of the evidence adduced during the trial by the prosecution.

4. I have heard the learned counsel for the parties and perused the record.

5. Admittedly the petitioner had not caused any injury to the deceased or any of the P. Ws. and only ineffective firing is attributed to the petitioner. Whether he shared the common intention with his co-accused is the question of further inquiry as during the investigation it was found that the petitioner was empty-handed. Hence, this application is accepted and sentence of the petitioner is suspended. The petitioner shall be released on bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac only) with two sureties each in the like amount to the satisfaction of the learned trial Court.

H. B. T./M-287/L Sentence suspended.