IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.

Crl. Misc. No. ________/2003

In
Crl. Appeal No. 131/2001

1. Muhammad Saleem alias Cheema sons of

2. Haq Nawaz Muhammad Ashiq
Both Malang by caste, R/o Ban Bosan, P.S. Alpa, Multan.
………Petitioners
VERSUS
The State. ……Respondent

Application U/s 426 Cr.P.C.

for suspension of sentence.

In case: -
F.I.R. No. 239/97 Dated: 21.11.97
U/s: 302/34 P.P.C.
P.S. Alpa, Multan.
Note: -
As per instructions of the clients, this is the first bail
application being moved before this Hon’ble Court.
Advocate

Respectfully Sheweth: -

1. That the petitioners were convicted on 29.01.2001 in the

abevo-captioned case and were sentenced by Malik
Muhammad Arshad, A.S.J. Multan, to undergo life
imprisonment and were directed to pay Rs. 50,000/- each as
compensation to the legal heirs of the deceased U/s 544-A
Cr.P.C. and in case of non-payment of the compensation
amount, the convicted would have to further undergo six
months simple imprisonment. The benefit of Sec-382-B
Cr.P.C. was also given to the accuseds while computing their
sentence.

2. That both the petitioners claim concession of bail on the

following: -
 GROUNDS

i) That the petitioners are innocent. They have not

committed any crime.

ii) That the prosecution witnesses are inter-related and also

related to the deceased and the complainant, their
evidence does not inspire confidence and without
independent corroboration, could not be made basis for
conviction of the petitioners.

iii) That no recovery having been effected from the

petitioners/accuseds, necessary corroborated evidence
was lacking qua them and accuseds had been found
innocent during the course of investigation.

iv) That motive given in the F.I.R. was very weak and
remained unproved and the learned trial court rightly
disbelieved it.

v) That at the worst, keeping in view the nature of injuries,

it cannot be said that accuseds had intentions to cause
death of the deceased or to cause bodily injury with
knowledge that it was likely to cause death or was
sufficient in the ordinary course of nature to cause death
of the deceased. As such, conviction U/s 302/34 P.P.C.
is bad in law.

vi) That even otherwise, the petitioners were convicted on

29.01.2001. Their appeal is still pending and has not
been disposed of for more than two years. As such, the
petitioners are entitled to the concession of bail as a
matter of right.

Wherefore, it is respectfully prayed that

this Hon’ble Court may be pleased to pass an
order directing the release of the petitioners on
bail.
Humble Petitioners,
Dated: 11.03.03

Muhammad Saleem etc.

(Convicts)

Through: -
Zafar Iqbal Khan,
Advocate High Court,
124-District Courts,
Multan.
C.C. No. 2216