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Criminal Miscellaneous No. 1204/ B of 1982, decided on 23rd Novem ber, 1982.
--Ss. 497 & 498-Penal Code (XLV of 1860), S. 302/307/ 148/149-Bail-Murder-Allegation against accused that he caused simple injury with sota on person of prosecution witness -----Question of guilt of accused and his vicarious liability needing further enquiry-Bail granted.
Tai Muhammad Khan Langah, Altaf Ibrahim Qureshi and Shaukat Ali Malik for Petitioners.
Rana Muhammad Anwar assisted by Khadim Nadim Malik for the State.
This is an application for bail on behalf of Nazir Ahmad, Muhammad Yousaf, Muhammad Aslam, Sultan and Muhammad Nawaz petitioners in a case under section 302/307/148/149, P. P. C., registered at P. S. Mitru, Vile F. I. R. No. 121/82, dated 23rd July, 1982.
2. The prosecution case is that the petitioners with 4 others in further ance of their common object launched murderous assault upon Ajayab Khan, Muhammad Khan, Muhammad Anwar and Muhammad Hayat. As a result of the injuries caused by the petitioners and others, Ajayab Khan died whereas Muhammad Khan, Muhammad Anar and Muhammad Hayat received several injuries. At this stage, the learned counsel for the Petitioners states that he would not press for the bail of Muhammad Nazir Muhammad Yousaf Muhammad Aslam and Sultan and would like to press the plea for bail of Muhammad Nawaz as according to him his case is distinguishable. The application to the extent of Nazir Ahmad Muhammad Yousuf Muhammad Aslam and Sultan is therefore disposed of as having not been pressed at this stage. As far Muhammad Nawaz it has been alleged that he was armed with a sota and inflicted simple injury on the person of Muhammad Khan P.W.
3. Learned counsel for the petitioner submitted that the case of the petitioner Muhammad Nawaz is distinguishable because no specific injury on the person of the deceased has been attributed to him and the only allegations against him are that he caused simple injury with a dang on the person of Muhammad Khan P. W.
As against this, the learned counsel for the State assisted by the learned counsel for the complainant has seriously opposed the plea for bail of Muhammad Nawaz on the ground that there is a general allegation that all the accused had caused injuries to the deceased and Muhammad Anar P. W. after they had fallen on the ground on receipt of injuries by the co-accused.
4. After hearing the learned counsel I find that no specific injury to the deceased has been attributed to Muhammad Nawaz petitioner and the specific allegation against him is that he caused simple injury with she sota on the person of Muhammad Khan P. W.
Without making any expression lest it may prejudice to the merits of the case, I am of the opinion that the question of the guilt of Muhammad Nawaz petitioner and his vicarious liability needs further enquiry. He is accordingly allowed bail in the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of A. C./Duty Magistrate, Mailsi.
Bail granted
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