MUHAMMAD ASLAM Versus State Altaf Ibrahim Qureshi

ORDER

The petitioner is seeking suspension of his conviction and sentence recorded by the learned trial Court in case F.I.R. N.54 dated 10-4-2001 under sections 302/324/460/34 P.P.C. registered at Police Station Kabir District Sahiwal.

2. The petitioner has been tried for the offence under section 302, P.P.C. also but he has been sentenced to 14 years' R.I. only under section 460/34, P.P.C.

3. Arguments heard. Record perused.

4. As per record, petitioner was not named in the F.I.R. and it was simply recorded that accused armed with a pistol grappled with Muhammad Rafi and fired at him hitting on his left ankle, but while appearing as P.W.2, Mst. Sakina Bibi complainant has recorded that the petitioner grappled with Muhammad Rafi deceased while Muhammad Zaman fired at the deceased hitting on the ankle of his right leg. During investigation any weapon has not been recovered from the petitioner. Moreover, he has not been convicted by the learned trial Court in the main offence under section 302, P.P.C. and has been only convicted and sentenced under sections 460/34, P.P.C. In these circumstances, we are of the view that it is a fit case for suspension of sentence. As per report of the Superintendent, Central Jail, Sahiwal, he has already served about half of the sentence awarded to him including the remissions (6 years 8 months 27 days), hence, we allow the application, order the suspension of sentence and grant bail to the petitioner in the sum of Rs.100,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court.

H.B.T./M-103/L Sentence suspended.