MUHAMMAD DIN Versus THE STATE

ORDER

This is a petition for suspension of sentence on behalf of Muhammad Din, Anwar, Pehlwan, Allah Ditta, Riaz Ahmad, Dost Muhammad, Hanif, Karam Din, Sher Ali, Sardar Ali, Aslam and Sarwar alias Shaukat petitioners. All of them, except Sarwar petitioner, have been sentenced to one year R.I. and a fine of Rs. 1,000 under section 148, P.P.C., five years R.I. and a fine of Rs. 2,000 each under section 436/149, P.P.C. and two years R.I. and a fine of Rs. 1,000 each under section 325/149, P.P.C. with the direction that all the sentences shall run concurrently. Sarwar alias Shaukat petitioner has been sentenced to imprisonment till the rising of the Court in addition to fine for each of the ‑ aforesaid offences.

2. The prosecution version was that on 14‑8‑1985 the petitioners and their co‑accused trespassed into the Chhapper of Ismail complainant, set fire to it, caused injuries to Muhammad Sharif P.W., deprived him of Rs. 6540 and a wrist watch and took away diesel oil etc.

3. Suspension of sentence is claimed on the ground that the charge of theft was dropped during the investigation and the petitioners were neither tried nor convicted for it; seven accused persons, including five petitioners, were found innocent during the investigation; only ineffective firing was attributed to Muhammad Din and Pehlwan and no specific role was attributed to Allah Ditta, Hanif, Sher Ali, Sardar Ali and Aslam petitioners. It is further submitted that Anwar, Riaz, Dost Muhammad and Karam Din allegedly caused twelve injuries to Muhammad Sharif, out of which two were grievous in nature but those are not specifically attributed to any of them. Lastly, the learned counsel states that section 436, P.P.C. is not made out as the Chhappar was not a building within the meaning of that section and the petitioners were implicated after due deliberation with a delay of 17 hours.

4. The learned State counsel has opposed the prayer for bail.

I have considered the submissions made by the learned counsel for the parties. The occurrence took place on 14‑8‑1985 at 6 p.m. and the FIR was lodged on the following day at 11‑40 a.m. without giving any explanation for the delay. According to the Investigating Officer, the distance between the hospital and the. police station was only two hundred yards, still the FIR was delayed for 17 hours. The other submissions made by the learned counsel for the petitioners have the support of evidence. According to the Investigating Officer, the burnt structure I was in fact not a Jhuggi but a Chhappar raised on sticks with a roof of reed. In the circumstances, I feel inclined to the view that a case for the suspension of sentence is made out. Accordingly, the interim bail allowed to Sarwar and Allah Ditta petitioners is confirmed while the sentence of Dost Muhammad, Muhammad Din, Anwar, Pehlwan, Riaz, Hanif, Karam Din, Sher Ali, Sardar Ali and Muhammad Aslam petitioners is suspended subject to their furnishing security in the sum of Rs. 20,000 each with two sureties in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Chunian.

M.Y.H./M‑623/L

Sentence suspended.