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Criminal Bail Application No. 725 of 1983, decided on 23rd October, 1983.
-- S. 498/439-Penal Code. (XLV of 1860), S. 302/307/34-Bail Delay occurring in trial for last fifteen months-Whether there was vicarious liability inter alia between accused persons in commission of murder of deceased yet to be proved-Bail granted in circum stances.
Jawaid Haider Kazmi for Petitioner.
A. A. Mohamedally for A. A.-G. for the State.
Bail application is moved on behalf of the applicant Muhammad Sharif who is facing trial under sections 302, 307 read with 34, P. P. C.
2. Briefly the facts are that on 5th August, 1982, 4 persons attacked one Akram and Yousuf at Gujar Chowk and inflicted blows to them. Akram subsequently died. Those persons who inflicted the injuries were Muhammad Hussain, Muhammad Sharif, Muhammad Hanif and Muhammad Sarwar.
3. Muhammad Sarwar was granted bail by this Court earlier. The arguments of the learned counsel are that according to the allegations of the prosecution present applicant has inflicted blows of sharp-cutting weapon to Yousuf. There is no allegations that present applicant delivered any blows to the deceased Muhammad Akram and the only allegation is that the blow was delivered to Muhammad Yousuf by the present appli cant. It is now argued that since last 15 months the case has not proceed ed and the applicant Muhammad Sharif is confined in jail. - At the most the injury on the person of Yousuf would be under section 326 or 324. Medical certificate shown by the A. A.-G. Mr. A. A. Mohamedally, indicates the injury is located on the left side of chest and the nature of the injury is not given by the Medical Certificate. The learned counsel for the State A. A.-G. Mr. A. A. Mohamedally has no objection on the ground of delay in the trial for 15 months. One injury is caused on the person of Muhammad Yousuf. It is yet to be proved whether there was any vicarious liability inter alia between the accused persons to commit murder of Akram. Under these circumstances I am inclined to grant bail to Muhammad Sharif he shall be released on bail by furnishing solvent surety in the sum of Rs. 30,000 and P. R. bond in the like amount to the satisfaction of the trial Court.
M. Y. H. Bail granted.
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