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Criminal Miscellaneous No. 260/B of 1982, decided on 4th April, 1982.

------S. 497-Bail, grant of-[Murder case]-Petitioner empty-handed while both sides receiving injuries during occurrence-Question of vicarious liability of petitioner also needing further inquiry---- Bail allowed, in circumstances.

M. Sultan Alam for Petitioners.

Syed Zawar Shah for the State.

This is an application for bail on behalf of Niaz Ahmad, Din Muhammad and Fayyaz Ahmad petitioners, in a case under sections 302;' 3071324/34, P. P. C. registered at Police Station Old Kotwali, Multan vide F. I. R. No. 690/81, dated 1st September, 1981.

2. The prosecution case is that the petitioners in furtherance of their common intention caused the death of Muhammad Anwar and injuries to Nasir, Muhammad Saeed and Muhammad Omar P. Ws. on 31st August, 1981 at 9-10 p. m. in the area of Basti Bawa Safra.

3. The learned counsel for the petitioners has not pressed for the bail of Naiz Abmad and Din Muhammad petitioners at this stage.

As for Fayyaz Ahmad petitioner, the allegations are that he caught hold of the deceased Muhammad Anwar and the complainant, so as to facilitate his co-accused to inflict injuries on their persons.

4. The learned counsel for the petitioners submits that in the instant case, Niaz Ahmad with his two sons Din Muhammad and Fayyaz Ahmad petitioners have been falsely involved and, in fact, there was a fight bet ween Din Muhammad co-accused and the complainant party in which Muhammad Anwar lost life and three persons received injuries in the same fight. On the side of the accused persons Din Muhammad and Niaz Ahmad co-accused received as many as 15 injuries caused with blunt weapons out of which one injury has been declared grievous. Learned State counsel has opposed bail to Fayyaz Ahmad petitioner and has submitted that the provisions of section 34, P. P. C. clearly stand attracted to the case of Niaz Ahmad petitioner.

5. After hearing the learned counsel for the parties I find :-

(i) that Fayyaz Ahmad petitioner was empty-handed ;

(ii) that both sides received injuries ; the co-accused received as many as 15 injuries including a grievous injury ; and

(iii) that Niaz Ahmad petitioner is not an injured accused.

6. Without making any expression on the merits of the case lest it may prejudice the case of either party, I am of the opinion that in the circum stances of the case, mentioned above, the question of the vicarious liability of Fayyaz Ahmad petitioner needs further inquiry. He is accordingly allowed bail in the sum of Rs. 20,000 (Rupees twenty thousand) with one surety in the like amount to the satisfaction of the Assistant Commissioner/Deputy Magistrate, Multan.

The petition to the extent of Niaz Ahmad and Din Muhammad petitioners stands disposed of as having not been pressed.

Order accordingly.

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