NOOR MUHAMMAD Versus STATE

ORDER

Both these petitions are being disposed of together since both of them arise out of the same judgment and pertain to the co-convicts in the same case.

2. Noor Muhammad petitioner in Criminal Miscellaneous No.1 of 1995 and Allah Bakhsh petitioner in Criminal Miscellaneous No. l of 1996 were allegedly armed with a pistol and hatchet respectively, but, besides the allegation of raising Lalkaras during the course of occurrence, they did not stand burdened with any other overt act including any use of the weapons in question carried by them or giving of any injury on the person of Murtaza deceased. They have been in custody for about a year after their conviction by the learned trial Court.

2. Without expressing any opinion on the deeper merits of the case, we find that both of them have made out a case for the suspension of their sentences of imprisonment. Consequently, the sentences of imprisonment of both the petitioners (Noor Muhammad and Allah Bakhsh) are suspended and they shall be released on bail subject to each one of them furnishing security in the sum of Rupees One Lac with two sureties each in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate Pakpattan Sharif.

H.B.T./N-56/L Petition accepted.