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Criminal Miscellaneous No. 1442-B of 1978, decided on 8th May, 1978.
---S. 497--- Bail---Bail of petitioner accused of murder pressed on grounds : (i) fatal blow on deceased assigned to co-accused; (ii) injuries alleged to have been inflicted by petitioner found by doctor to be simple in nature ; (iii) co-accused already admitted to bail-Petitioner, held, actually participated in attack on deceased and to hold him respon sible solely for his own act yet to be decided by trial Court-Bail declined, in circumstances.-Penal Code (XLV of 1860), S. 302/34.
S. A. Saeed for Appellant.
Afaaz-ud-Din Ahmad for the State.
Yusuf Ali Khan, Bar-at-Law for the Complainant.
The part attributed to the petitioner is that he was armed with a knife and inflicted injuries on the deceased.
2. Mr. S. A. Saeed appearing on behalf of the petitioner submitted that the fatal blow had been assigned to Alamdar who is an absconder. So far as the petitioner is concerned, he may at the most be held responsible for his individual act and for that matter, the injuries alleged to have been inflicted by him on the deceased were found by the doctor to be simple.
Learned counsel further submitted that a few other co-accused had already been admitted to bail and an attempt by the complainant to get their bail cancelled was unsuccessful.
3. I have heard Mr. Yusuf Ali Khan counsel for the complainant and the State counsel, who opposed the grant of bail.
4. Those accused who had been admitted to bail, their case is manifestly distinguishable from the petitioner. The petitioner is a person who actually participated, along with Alamdar, in the attack which resulted in the death of Asghar Ali. This is not the proper stage to hold that the petitioner is respon sible solely for his own act. It will be for the trial Court to decide this aspect after evidence bad been recorded.
5. The petition is accordingly dismissed.
Petition dismissed.
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