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Criminal Miscellaneous No. 276IB of 1974, decided on 4th April, 1974.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 148/302/307/149‑‑bail‑ Allegations made in first information report if left unrebutted, accused would be vicariously liable for main offence by virtue of S. 149, Penal Code, 1860‑‑Bail refused.

Mian Qurban Sadiq Ikram for Petitioner.

Hassan Ahmad Khan Kanwar for the Complainant.

Khuda Dad Barki for the State.

Muhammad Sharif son of Khair Muhammad has 7applied for bail under section 497/498, Cr.P.C. He is accused alongwith four others of offences under sections 148 and 302/307/149, P.P.C.

2. The facts of the case briefly are that Muhammad Akbar, Sultan Akbar and Muhammad Sharif (petitioner) armed with guns while Fateh Khan and ‑Muhammad Khan co‑accused armed with hatchets attacked Maula Bakhsh deceased. According to the F.I.R. Muhammad Akbar accused raised a Lalkara that they would not allow the deceased to go alive. Muhammad Akbar also fired a shot which hit the deceased at his back and made an exit through the abdomer Sultan Akbar co‑accused fired a second shot at Maula Bakhah (deceased) but it did not hit him as he had fallen down, and instead hit Abdur Rehman P.W. who was injured. Muhammad Sharif petitioner fired an ineffective shot at the deceased. Fateh Khan and Muhammad Khan co‑accused tried to sever his head but it was prevented by the persons present nearby.

3. The learned counsel for the petitioner argued that since no one had been hurt by the shot fired by the petitioner as such he is entitled to bail.

I am afraid I cannot agree with this proposition. If the allegations in the F.I.R. are left unrebutted, he would be vicariously liable for the main offence by virtue of section 149, P.P.C. The application is therefore dismissed.

M. Y. H. Bail refused.

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