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Criminal Miscellaneous No. 2739-B of 1982, decided on 10th November, 1982.

--S. 497-Bail, grant of-Murder-case---Role attributed to peti tioner that of ineffective firing-Question of vicarious liability yet to be gone into at trial-Petitioner's case, held, that of further inquiry into his guilt-Bail allowed, in circumstances.

Ch. M. A. Majeed Bajwa for Petitioner.

Muhammad Ashraf for the State.

A case under section 302/307/34, P. P. C. has been registered against the petitioner and two others, namely, Riasat Ali and Maqbool, for the murder of Habib Ullah, at the instance of deceased's brother, namely, Sana Ullah. According to the averments made in the F. I. R., the deceas ed died of the fire shot of Riasat Ali. So far as the petitioner is concerned, he is alleged to have fired at the complainant with a pistol, but he was pot hit.

2. I have heard the learned counsel for the parties. The bail appli cation is sought to be opposed on the ground of vicarious liability, envisaged by section 34, P. P. C.

3. The only role attributed to the petitioner is that of ineffective firing. Upon the facts presently available on the record, the petitioner' case appears to be that of further inquiry into his guilt. The question o vicarious liability can more appropriately be gone into at the trial.

4. Accordingly, the petitioner is allowed bail subject to his furnishing,, bail bond in the sum of Rs. 20,000 (Rupees twenty thousand only) with two sureties each in the like amount to the satisfaction of Assistant Commis sioner, Sheikhupura.

Bail allowed.

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