MUHAMMAD ASHRAF Versus STATE

ORDER

RAJA AFRASIAB KHAN, J.--- On 28th of. November 1995, learned Judge Special Court No.I1I-Suppression of Terrorist Activities, Lahore Division, Lahore convicted Sarfraz and Abdur Rasheed under section 302/34 P.P.C. and sentenced them to death plus compensation of. Rs.1,00,000 (rupees one lac) each which was directed to be paid to the legal heirs of the deceased. The learned Judge also convicted Muhammad Ashraf; the petitioner herein under section 302/34 P.P.C. and sentenced him to imprisonment for life. He was directed to pay compensation of Rs.50,000 (rupees fifty thousand) to the legal heirs of the deceased. In case of default thereof, they would further undergo six months imprisonment. Muhammad Amin and Muhammad Afzal were, however, acquitted by the learned Judge by giving them benefit of doubt. The appeal of the petitioner is still pending adjudication before the Lahore High Court. On 20th of May 1996, an application of the petitioner for suspension of sentence was dismissed by a Division Bench of the Lahore High Court. This petition for leave to appeal has been instituted

2. Learned counsel argues that the petitioner did not participate in the occurrence inasmuch as no effective role was assigned to him on the basis of evidence available on record. He has, therefore, claimed for his admission to bail by suspending his- conviction and sentence.

3. We have not been persuaded to interfere because petitioner's appeal is still pending decision in the High Court. This being so, an exercise for having deeper appreciation of evidence of the parties is not possible at this stage of the e case. The appeal of the petitioner, nevertheless, may be heard and decided by giving preference to it. With this observation, there is no substance in this petition which is dismissed by refusing leave to appeal.

N.H.Q./M-9/SC Leave refused.