BASHIR AHMAD and others vs THE STATE
This matter comes before the Lahore High Court through a criminal petition for suspension of sentence and grant of bail following the conviction of the petitioners. The core legal question concerns whether the petitioners have made out a sufficient case for the suspension of their sentence and release on bail pending appeal, given that the trial court's judgment cast serious doubt on the prosecution's initial F.I.R. story by establishing that the occurrence took place inside the petitioners' house as a result of 'Ghairat' (honor), resulting in multiple deaths including the petitioners' own family members, and convicting the petitioners merely on the basis of their presence. The court held that the petitioners successfully made out a case for the suspension of their sentence. Consequently, the court ordered that the petitioners be admitted to bail subject to furnishing requisite security bonds to the satisfaction of the trial court.
- Whether the petitioners made out a case for suspension of sentence when the prosecution story was disbelieved by the trial court?
- Does the presence of accused persons in their own residential house during an occurrence constitute a ground for suspension of sentence?
- Can bail be granted pending appeal when the trial court establishes a different version of the incident than the one alleged in the F.I.R.?
ORDER
' Learned counsel for the petitioner contends that the learned trial Judge has held in para. No,37 of judgment that the occurrence has not taken place as has been alleged by the prosecution in the F.I.R. And this fact has been established that the occurrence has taken place in the house of the petitioner and co-accused Tariq Jamshaid who have been declared as proclaimed offender, on 3- 5-1996, when the deceased Tariq Salim came in the "Baithak" of the petitioners. Tariq Salim and Mst. Kishwar Naheed daughter of Bashir Ahmad and real sister of Basharat Ahmed was also murdered. The learned trial Judge has convicted the petitioners only due to their presence at the spot which according to the learned counsel for the petitioner was natural as they were residents of the same house. The bare perusal of judgment shows that the prosecution story has been disbelieved by the learned trial Judge as the occurrence was result of "Ghairat' in which the daughter and sister of both the petitioners have also been murdered. The presence of the deceased at 10-00 p.m. In the "Baithak" of the petitioner with Mst. Kishwar Naheed belies the story narrated in the F.I.R.
2. For what has been stated above, the petitioners have succeeded in making out a case for suspension of sentence. They are admitted to bail subject to furnishing bail bonds each amounting to Rs, 1,00,000 with two sureties each in the like amount to satisfaction of trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.