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Criminal Bail Application No. 1013 ‑ of 1981, decided on 4th March, 1982.,

‑ S. 497‑Penal Code (XLV of 1860), S. 302‑Murder‑Three accused involved in case‑Certificate of medical expert who performed post‑mortem examination indicating only one incised injury inflicted on head of deceased proving fatal ‑Incised injury ascribed to one particular accused only‑Held, fit case for grant of bail as for other two accused were concerned.

Qurban Ali Chauhan for Applicants.

M. I. Memon, A. A.‑G. for the State.

The Advocate for the applicant does not press the application so far Mohibali son of Muhammad Ibrahim accused applicant is concerned. The certificate of the medical expert who performed the post‑mortern examina tion indicates that there was one incised injury inflicted on the head which proved fatal and the other four injuries are two abrasions and two lacerated wounds. The incised injury is ascribed to Mohibali. Mr. M. I. Memon, A. A.‑G. concedes this is a fit case fox grant of bail so far the other two applicants are concerned but as it is a case for further enquiry whether the other two accused would be vicariously liable for the fatal injury by virtue of the provisions of section 34, P. P. C. It is accordingly hereby ordered that applicants Darya Khan son of Muhammad Ibrahim and Nabi Bux son of Muhammad Warts be released on bail on furnishing one surety each in the sum of its. 20,000 and P. R. in like amount to the satisfaction of the trial Court.

M. Z. M. Bail granted.

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