ISLAM-UD-DIN Versus MUNIR-UD-DIN
ORDER
Hidayat Al i and his wife Zubaida Bibi were murdered on 31-7-1990 allegedly by Muhammad Arshad etc. and a case under section 302/201/148/149, P.P.C. was registered at Police Station Sadar, Kasur, at the instance of Sardaran 1314 sister of Hidayat Ali deceased. Against Muhammad Mukhtar applicant-accused the allegation was that he alongwith his son Shafiq had severed the heads of both the deceased persons and removed the same somewhere, thus causing destruction of an important piece of prosecution evidence.
2. On trial Arshad and Shafique accused were convicted under section 302, P.P.C. and each sentenced to death on the two counts (for doing away with two persons). Mukhtar, Amin, Din Muhammad and Barkat Ali were acquitted, by being given benefit of doubt for the charge under section 302, P.P.C. Mukhtar and Shafique, on conviction under section 201, P.P.C., were each awarded five years' R.I. and a fine of Rs.10,000 (in default of payment of fine, to one year's R.I.). The sentences were ordered . to run concurrently. Mukhtar accused did not earn conviction under section 302, P.P.C. He was convicted and sentenced under section 201, P.P.C. alone and was also held entitled to benefit under section 382-B, Cr.P.C. He has been in the lock-up eversince his initial arrest effected after the occurrence dated 31-7-1990, and has thus suffered detention for a period exceeding three years, the total term of sentence being five years. It is urged that the recovery connecting him with the commission of crime is wholly doubtful. He may ultimately be able to convince this Court about his plea of innocence invoked in appeal, which may not be taken up for hearing at an early date in future. In these circumstances, we feel that he is not disentitled to the interim relief available under section 426, Cr.P.C. The application is allowed and the sentence awarded to Muhammad Mukhtar is suspended. He shall be released, on his furnishing bail bond in the sum of Rs.50,000, with one surety in the like amount, to the satisfaction of A.C./Duty Magistrate, Kasur.
N.H.Q./M-1225/L Sentence suspended.