Find a Lawyer

Criminal Miscellaneous No. 2337‑B of 1981, decided on 2nd Septem ber, 1981.

‑‑---S. 497‑Bail‑Petitioner armed with sota but not causing any injury to deceased‑Allegation of his catching hold of deceased to facilitate murder, requiring further inquiry‑Bail granted.

Anwaar Ahmad Waraich for Petitioner.

Muhammad Arshad for the State.

This is an application for bail on behalf of Faqir Muhammad in a case under section 302/307134, P. P. C. registered at Police Station Raiwind vide F. I. R. No. 31, dated 10th March, 1981.

2. The prosecution case is that the petitioner alongwith others caused the death of Muhammad Rafiq on 9th March, 1981, at 8.30 p. m. in the area of village Dheengariwala. So far as the petitioner is concerned, the allegation against hire is that at time of occurrence he was armed with sota and he caught hold of the deceased in order to facilitate his murder by the co‑accused.

3. The learned counsel for the petitioner submits that in the circum. stances of the case the question of vicarious liability of the petitioner needs consideration.

4. The learned counsel appearing on behalf of the State opposed this application and submits that the petitioner having facilitated the crime is equally liable for the act of his co‑accused and that challan has been sub mitted in Court.

5. After hearing the learned counsel for the parties I am of the opinion of that be as it may, the fact remains that the petitioner who was armed with a sota could cause injury to the deceased, but he did not cause any injury to him. The allegation against him that in spite of the fact that he was armed with sota, he caught hold of the deceased in order to facili tate the murder needs further inquiry. The petitioner is allowed bail in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of A. C./Duty Magistrate, Kasur.

M.Y.M. Bail granted.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.