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Criminal Miscellaneous No. 1883-B of 1981, decided on 30th August, 1981.
-- S. 497-Bail-Petitioner giving sota blow on cheek of deceased-Sufficient overt act for participation in commission of offence attributed to petitioner-Bail declined.
Ch. Ghulam Mujtaba for Petitioner.
Ch. Jamat Ali for the State.
Date of hearing : 30th August, 1981.
This is an application for bail on behalf of Nazir Ahmad in a case under section 302/34, P. P. C. registered at P. S. Satiana vide F. I. R. No. 171 / 1980.
The allegations against the petitioner are that he alongwith two others in furtherance of their common intention caused the death of Shaukat Ali at 1 a. m. on 19th January, 1980 in the area of Chak No. 83/G. B So far as the petitioner is concerned, it is alleged that at the time of occurrence he was armed with a sola and he gave a simple injury on the cheek of the deceased.
2. Learned counsel for the petitioner submits that only a scratch is attributed to the petitioner ; fatal injury was attributed to Muhammad Yaqoob co-accused ; that Munir co-accused who had a motive against the deceased has been released on bail by the learned Sessions Judge ; that sota allegedly recovered from the petitioner is not stained with blood and lastly the question of vicarious liability in the peculiar circum stances cannot be gone into.
3. On the other side, learned counsel for the State has vehemently opposed this petition. He submits that it is a clear case of vicarious liability and section 34, P. P. C. stands attracted to the case of the petitioner. He further submits that the petitioner is involved in a case which is punishable with death or imprisonment for life.
4. After having considered the arguments of the learned counsel for the parties, I find that so far as the ground of bail to Munir co-accused is concerned his case is distinguishable because it is alleged that he had caught hold of the deceased and had not caused any injury to him ; A so far as the petitioner is concerned, I find that sufficient overt act has been attributed to him inasmuch as he allegedly accompanied the co-accused duly armed to the spot at 1 a. m. and participated in the crime by giving sota blow on the cheek of the deceased.
Not a fit case for bail at this stage. Dismissed.
5. However, if the prosecution indulges in delaying tactics or frustrates the powers of the Court to proceed with the case, it would be open to the petitioner to repeat his request on any fresh ground having arisen in the due course of events.
Bail petition dismissed.
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