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Criminal Miscellaneous No.471-B of 1983, decided on 24th April, 1983.
---S. 497--Penal Code (XLV of 1860), Ss. 302/307/440/148 & 149--Bail- [Murder-case]--Cross-cases--Two persons lost lives and other two injured on side of accused party--Accused armed with Sota yet not causing any injury to any one--Question of vicarious liability requiring further inquiry--Bail granted.
Ch. Abdul Sattar Goraya for Petitioner.
Akhtar Masood assisted by M. Sultan Alam for the State.
Date of hearing: 24th April, 1983.
This is an application for bail on behalf of Muhammad Hussain petitioner in a case under sections 302/307/440/149/148, P.P.C. registered at P.S. Saddar Vehari, vide F.I.R. No. 215/82, dated 10th November, 1982.
2. The prosecution case is that the petitioner and 15 others in furtherance of their common object caused the death of Bashir on 10th November, 1982 in the area of Chak No. 21/W.B. As far the petitioner it has been alleged that duly armed with Sota had accompanied his co-accused who were armed with deadly weapons and remained present throughout the occurrence.
3. The learned counsel for the petitioner submits that the petitioner has not caused any injury to the deceased or any P.W. and as such is entitled to the concession of bail. The learned counsel for the State assisted by the learned counsel for the complainant has, however, opposed this application.
4. After hearing the learned counsel and going through the record I find that there are cross-cases and on the side of the accused party 2 persons have lost lives and 2 have received injuries and that the petitioner although armed with Sota yet he did not cause any injury to anyone. In these circumstances, I am of the opinion that tlie7question of the vicarious liability needs further enquiry. He is accordingly allowed bail in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A.C. /Duty Magistrate, Vehari.
M.Y.H. Bail allowed.
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