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Criminal Miscellaneous No. 772-B of 1981, decided on 3rd April, 1981.
------S. 497-Bail, grant of-Murder-case-Occurrence a sudden affair and no injury to deceased attributed to petitioner except two churri blows to a witness which too declared simple in nature-Case of petitioner, held, needed further inquiry- Bail allowed, in circumstances.
Muhammad Akbar and 4 others v. The State and another 1978 S C M R 7 and Khadim Hussain v. The State and another 1978 S C M R 146 ref.
Shah Ahmad Khan Baloch for Petitioner.
Ijaz Anwar for the Complainant.
Habib Subhani for the State.
Zafar Iqbal petitioner has moved this petition for bail in a case registered against him and his brothers Tassawar Iqbal and Munawar lqbal under sections 302 and 307 read with section 34, P, P, C, The allegations are that on 21st October, 1980, the petitioner and his co-accused attacked the complainant party causing injuries to Muhammad Anwar, complainant Abdul Hamid and Abdul Waheed, as a result of which the latter died at the spot.
2. I have heard the learned counsel for the parties. The learned counsel for the petitioner contends that the occurrence happened all of a sudden, therefore, the principle of vicarious liability is not attracted and no injury to the deceased has been attributed to the Petitioner, therefore, he is entitled to the concession of bail. In support of the contention he relies on Muhammad Akbar and 4 others v. The State and another (1978 S C 144 R7) and Khadim Hussain v. The State and another (1978 S C MR 146), The learned counsel for the complainant anal the State, on the other hand, contend that it was a deliberate attack and a specific role has been attributed to the petitioner, therefore, do ground for bail is made gut.
3. Abdul Waheed deceased was the real brother of Abdul Ha raced P. V. Their mother Mst. Nur Zainab is the sister of Anwar complainant, Abdul Hameed was married to Mst. Azra, sister of the petitioner. The parent of Mst. Azra did not send her to live with Abdul Hamid, upon which he contracted second marriage. The allegations in the F. I. R, prima facie show that the occurrence look place all of a sudden when the complainant and his sister Mst. Nur Zainab went to the house of the accused persons for giving them meat on the Eid day. No injury to the deceased has been attributed to the petitioner. He is alleged to have given two churri blows on the back of Abdul Hamid P. W. who sustained five injuries in the occurrence, all simple in nature, caused by sharp-edge weapon. I am, therefore, of the view that the case of the petitioner need further inquiry. I admit him to bail in the sum of Rs. 25,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner Sialkot.
Bail granted.
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