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Criminal Miscellaneous No. 2188‑B of 1981, decided on 31st August, 1981.

-------S. 497/498-----Bail after arrest‑----Petitioners attributed simple injuries‑Two persons from petitioner side also receiving injuries ---Question of vicarious liability yet to be determined at trial‑Bail after arrest confirmed--‑--Other petitioners attributed grievous injuries‑Bail refused‑Penal Code (XLV of 1860), S. 307/324/48/149.

Athar Rehman Khan for Petitioners.

M. Saleem Shad for the State.

Anwar Sipra for the Complainant.

This is an application for pre‑arrest bail on behalf of Bani Israel, Muhammad Iqbal, Abdul Ghani, Shah Nawaz, Allah Dad, Ghulam, Abdul Sattar and Shah Ali in a case under section 307/324048/49, P. P. C. registered at F. S. Gaggo vide F. I. R. No. 95/81 dated 15th July, 1981.

2. The allegations against the petitioners are that they alongwith others in furtherance of their common intention launched a murderous attack on Ghulam Nabi, Liaquat, Mumtaz, Mst. Bholi, Mst. Bibi, Muhammad Wazir, Shaukat Ali and Khurshid. Medical evidence shows that Ghulam Nabi suffered four injuries with blunt weapon which were simple .in nature, Liaquat suffered three blunt weapon injuries simple in nature, Mumtaz suffered two blunt weapon injuries simple in nature, Mst. Bholi sustained two simple blunt weapon injures, Mst. Mai Bibi received one sharp‑edged weapon injury, Nazir received two simple blunt weapon injuries and Shaukat Ali received two injuries one with sharp edged weapon and the other with blunt weapon. Learned counsel for the petitioners submits that there are no reasonable ground for believing that the petitioners have committed the alleged offences. He submits that in the circumstances of the case the question of vicarious liability needs serious consideration. He urges that on the side of the defence Muhammad Din and Mst. Naziran (not accused) also received injuries and that the occurrence having taken place in the house of Saleem co‑accused, the complainant party was in fact the aggressor one.

3. As against this, the learned counsel for State assisted by the learned counsel for the complainant seriously opposes this petition. He submits that it is a clear case of vicarious liability and section 149, P. P. C. stands attracted to the cast of the petitioners. He argues that pre arrest bail is an extraordinary relief to be allowed in exceptional circumstances.

4. After hearing the learned counsel for the parties I find that grievous injuries caused to Mst. Bholi and Khurshid have specifically been attributed to Muhammad Iqbal and Ghulam Nabi respectively. In my opinion they are not entitled to the concession of pre‑arrest bail. So far as the remaining petitioners are concerned, they allegedly caused simple injuries. I find that two persons belonging to the accused party also reserved injuries. Therefore, in this view of the matter the question of vicarious liability of these petitioners requires further inquiry. The interim bail already allowed to Bani Israel, Abdul Ghani, Shah Nawaz, Allah Dad, Abdul Sattar and Shah Ali is hereby confirmed. It would however be open to Muhammad Iqbal and Ghulam Nabi to move application after arrest and the learned Sessions Judge would not be influenced by the expression, if any made by this Court in the present petition because the bail has been refused to these petitioners keeping in view the considerations for grant of pre‑arrest bail. Disposed of.

M.Y.M. Order accordingly.

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