MUHAMMAD YOUSAF Versus State

ORDER

ASIF SAEED KHAN KHOSA, J.- --Through this petition Muhammad Yousaf petitioner has sought leave to appeal against the order dated 25-10-2010 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No.3 of 2010 in Criminal Appeal No. 1616 of 2010 whereby an application submitted by the petitioner seeking suspension of his sentence and admission to bail during the pendency of the his appeal was dismissed.

2. After hearing the learned counsel for the parties and going through the relevant record we have observed that admittedly the petitioner had not caused any injury to Muhammad Afzal deceased and according to the prosecution he stood saddled with the responsibility of giving a blow from the butt of his pistol on the forehead of Muhammad Yasir (P.W.9). During the investigation instead of a pistol the investigating agency had recovered a chhurri from the petitioner's possession. The judgment passed by the learned trial Court on 31-5-2010 showed that the allegation levelled by the prosecution against the petitioner regarding causing an injury to Muhammad Yasir (P.W.9) was found to be "fake and concocted" and the learned trial Court had expressly concluded that none of the so-called three injured prosecution witnesses was actually present at the scene of the crime at the relevant time. The learned trial Court had also found that the eye-witnesses produced by the prosecution had shown reckless disregard for the truth and also that as a matter of fact it was the complainant party of this case which had aggressed against the accused party. In view of such findings recorded and conclusions arrived at by the learned trial court we have felt surprised that the learned Judge-in-Chamber of the Lahore High Court, Lahore had refused to consider such aspects of the case by maintaining that the same required deeper appreciation of the evidence on record which was not called for at that stage. In the wake of the above mentioned conclusions of the learned trial Court we have felt sanguine that the question of culpability of the petitioner would require serious reconsideration at the time of hearing of his main appeal before High Court.

3. For what has been discussed above this petition is converted into an appeal and the same is allowed and resultantly, the sentence passed by the learned trial Court against Muhammad Yousaf petitioner is suspended and he is admitted to bail subject to furnishing bail bond in the sum of Rs. 50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.

M.H./M-71/SC Sentence suspended.