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Criminal Miscellaneous No. 1051/B of 1981, decided on 30th November, 1981.
--------S. 497-Bail, grant of-Petitioners, accused of murderous assault, causing only simple injuries to victim of assault whereas co-accused responsible for grievous injury already enlarged on bail-Question of vicarious liability of petitioners also requiring further inquiry Petitioners allowed bail, in circumstances.
Syed Murtaza Ali Zaidi for Petitioners.
Khalid Alvi for the State.
This is an application for bail on behalf of Khushi Muhammad, Zahid Hussain and Abid Hussain, petitioners in a case under section 307/326/149/ 148, P. P. C. registered at Police Station Old Kotwali, Multan vide F. I. R. No. 603, dated 31st July, 1981.
2. The prosecution case is that the petitioners alongwith others in furtherance of their common intention launched murderous assault upon Hafiz Muhammad Ahmad Khan on 31st July, 1981 at 7-00 a. m. in the area of Shamasabad Colony, Multan.
So far as the petitioners are concerned, it is alleged that Khushi Muhammad and Abid Hussain armed with sotas and Zahid Hussain armed with a hatchet, caused simple injuries on the person of Hafiz. Muhammad Ahmad Khan, victim.
3. The learned counsel for the petitioners submits that the co-accused namely, Din Muhammad, who was attributed grievous injury, has been allowed bail by this Court vide Criminal Miscellaneous No. 1035-B/ 81.
4. The learned counsel appearing for the State has opposed this application:
5. After hearing the learned counsel for the parties, I find that the co-accused namely, Din Muhammad, has been allowed bail by this Court. The petitioners caused simple injuries to the victim. In these circumstances, the question of their vicarious liability needs further inquiry. The petitioners are allowed bail subject to their furnishing bail bonds in the sum of Rs. 10,000 each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Multan.
Bail granted.
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