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Criminal Miscellaneous No. 2367-B of 1981-, decided on 2nd Septem ber, 1981.
---S. 497-Petitioner No. 2 not causing any injury to deceased and only lalkara attributed to him-Petitioner No. 1 not causing any injury to deceased-Bail allowed to petitioners in circumstances of case-Penal Code (XLV of 1860), S. 302/307/324/148.
Ch. Imtiaz Ahmad Gill for Petitioners.
Mushtaq Hussain for the State.
This is an application for bail on behalf of Ghulam Qadir and Ghulam Nabi in a case under section 302/307/324/148, P. P. C. registered at Police Station, Nishatabad vide F. I. R. No. 68/81 dated 3rd May, 1981.
The prosecution case is that the petitioners with others in furtherance of their common object caused the death of Abdul Hamid Khan on 2nd May. 1981 in the area of Chak 55/J. B. The allegation against petitioner No. 2 is that he raised a proverbial lalkara at the time of the occurrence and so far as petitioner No. 1 is concerned, he allegedly caused simple injury to Nazir Ahmad P. W. The learned counsel appearing on behalf of the State has not controverted the nature of the accusation.
2. The learned counsel appearing on behalf of the State has opposed this application and states that it is a case of vicarious liability.
3. After hearing both the parties I find that petitioner No. 2 did not cause any injury to the deceased and only a lalkara is attributed to him and that petitioner No. 1 also did not cause any injury to the deceased. In the circumstances it is a matter of further inquiry. The petitioners are allowed bail in the sum of Rs. 10,000 with one surety each in the like amount to the satisfaction of A. C., Faisalabad.
M.Y.M. Bail granted.
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