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Criminal Miscellaneous No..4400/B of 1979. decided on 23rd December 1979.
‑‑‑ S. 497/498 ‑Vicarious liability‑To be determined by 'trial Court on basis of evidence to be adduced‑Penal Code (XLV of 1860), S. 302/148/149.‑[Vicarious liability].
---‑S. 497/498 ‑Bail ‑No specific injury attributed to petitioners -Case of petitioners at par with cases of those already granted bail by High Court‑Bail allowed.
--‑‑S. 497/498‑Bail‑Specific injuries attributed to petitioners=‑No ground made out for their enlargement on bail‑Bail refused.
Shahid Hussain Kadri for Petitioners.
Kh. Gul Muhammad Butt for the Complainant.
Sanaullah Bajwa for the State.
Bahadari, his sons Faiz, Manzur and Sultan, Qadir son of Dadu, Faiz son of Shera, Shera and Riaz petitioners have moved this petition for bail in a case registered against them and others under sections 148 and 3021149, P. P. C. The allegations are that on 8th July, 1977 Faiz petitioner armed with hatchet. and the remaining with sotis caused injuries to Mahmud‑ul‑Hassan deceased and threw him in a pond as a result of which he died.
2. The learned counsel for the petitioners submits that the case of Bahadari; Manzur, Qadir, Shera and Riaz is at par with that of Panda and Ghulam Rasul who have been admitted to bail by this Court in Cr. M. No. 3575‑B of 1979. He further submits that all the present petitioners were admitted to bail on the ground that they were found innocent during the investigation but ultimately they were challaned along with other accus ed and their bail was cancelled by the Sessions Judge. The learned counsel' for the complainant and State submit that the allegations in the F. I. R. prima facie show that all the accused acted in a pre-concert, therefore, principle of vicarious liability is attracted.
3. The question regarding the vicarious liability is to be determined by the trial Court on the basis of evidence to be adduced at the trial. In the F. I. R. no specific injury to the deceased has been attributed to Baha dari, Manzur, Qadir, Shera and Riaz petitioners. It is however, alleged that they belaboured the deceased after he had fallen down on receiving injuries at the hands of Faiz son of Shera, Faiz son of Bahadari, Sultan and Wali. Their case thus seems to be at par with that of Panda and Ghulam Rasul who have already been admitted to bail. Accordingly, I admit these petitioners to bail in the sum. of Rs. 20,000 each with one surety each in the like amount to the satisfaction of Assistant Com missioner/Duty Magistrate, Gujrat.
As regards Faiz son of Shera, Faiz son of Bahadari and Sultan, specific injuries have been attributed to them and I feel that no ground for their enlargement is made out. The petition in so far as it relates to them, is rejected.
Petition dismissed.
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