Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 426--Suspension of sentence--Allegation of--Ineffective firing--Injury was not caused to the deceased--13 persons were nominated as accused out of which nine were convicted and awarded imprisonment of life including the petitioners, while remaining were acquitted--During investigation, neither any weapon of offence nor any incriminating article had been recovered from them which could connect them with the Commission of offence rather during investigation they were found innocent--Held: There was a general allegation that the petitioners being members of an unlawful assembly and in prosecution of their object they had participated in the occurrence--Motive was not attributed to the petitioners and the evidence on the basis of which petitioner's were convicted and sentenced needed reappraisal during the course of hearing of main appeal--Appeal was not likely to be heard in near future--Petition allowed. THIS ORDER PASSED BY: MUHAMMAD ANWAR BHAUR, JUSTICE---.--- Through these petitions, the petitioners namely Zahid son of Muhammad Khan and Muhammad Sabir son of Muhammad Siddiquewho had been variously convicted and sentenced including imprisonment for life on two counts each have sought suspension of their sentences under Section 426 Cr.P.C. 2. Learned counsel for the petitioners contend that the petitioners have not been attributed any specific role of causing injuries to the deceased persons. There is a general allegation that they formed an unlawful assembly and in furtherance of their common object they had participated in the occurrence; no recovery of fire-arm has been effected from them and during three successive investigations the petitioners were found to be innocent; motive has not been attributed to the present petitioners as such no active part has been assigned to the petitioners; petitioner Sabir has been behind the bars since 14.8.2005, the date of judgment while petitioner Zahid has been behind the bar since the date of occurrence. It is further contended that the appeal is not likely to be heard in near future and, therefore, their sentence be suspended. 3. Learned DPG assisted by learned counsel…

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