BISMILLAH JAN Versus NAQEEB KHAN

ORDER

Muhammad Bakhsh, Muhammad Iqbal sons of Muhammad Ramzan and Muhammad Arshad son of Rutallon applicants alongwith their co-accused faced trial for the allegation of committing murder of Malik Sher deceased, heforc the learned Additional Sessions Judge, Sahiwal who vide judgment, dated 2 7-1-1992 convicted the appellants and their co-accused under section 302/148/149, P.P.C. and awarded them sentence of life imprisonment with fine.

2. The role assigned to the petitioners is that they joined the hands of their co-accused in dragging the deceased to the place of murder when their co accused namely Allah Bakhsh, Muhammad Nawaz and Muhammad Iqbal inflicted Dang blows to the deceased causing his death.

3. The suspension of sentence is urged on the statutory ground seeking the benefit of section 426(1-A)(c), Cr.P.C. As per office report there is no chance of fixation of the present appeal in the near future.

4. Having tentative assessment of the facts in evidence, the vicarious liability of the petitioners vis-a-vis the role-played by them needs determination. The applicants are waiting for the decision of their appeal for the last more than two years and they having earned a statutory benefit are entitled to the concession of suspension of sentence pending disposal of their appeal The sentence of the applicants is accordingly suspended and they are directed to be released on bail subject to their furnishing bail bonds in the sum of Rs. 50,000 each with two sureties in the like amount to the satisfaction of A.C /Duty Magistrate, Sahiwal.

N.H.Q./M-1768/L Sentence suspended.