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Criminal Miscellaneous No.1006/B of 1985, decided on 19th October, 1985.

‑‑‑S.497‑‑Penal Code (XLV of 1860), 5.302/307‑‑Bail, grant of‑ Petitioners allegedly causing simple injuries to prosecution witnesses but causing no injury to deceased‑‑As many as 25 injuries caused with various weapons to six persons on petitioner's side, out of which two injuries found grievous‑‑Question of vicarious liability requiring further inquiry‑‑Petitioners allowed bail, in circumstances.

Sahibzada Farooq Ali Khan and Altaf Ibrahim Qureshi for Petitioners.

Riaz Baber for the State.

This is an application for bail by Faiz Muhammad, Roshan, Abdul Aziz, Muhammad Akbar and Muhammad Ashraf petitioners in case under sections 302, 307, 365, 148, 149, P.P.C, registered at Police Station. Dunyapur vide F.I.R. No.179 of 1985. dated 13‑8‑1985.

2. The prosecution case is that the petitioners with two others launched murderous assault on Wali Muhammad, Muhammad Siddiq, Saleem, Mst. Rehm , Manzoor, Sabir and Sarban on 13‑8‑1985 at about 2 p.m. and thereby caused the death of Wali Muhammad and Injuries, to six P.Ws. It has further been 'alleged that after causing injuries to the deceased and the witnesses, the petitioners and their co‑accused took Muhammad Siddiq P.W.2 to their house and also caused him injuries there.

3. As far the petitioners,' it has been. alleged that Faiz Muhammad armed with hatchet, Muhammad Ashraf armed with Berchhi, Roshan, Abdul Aziz and Muhammad Akbar armed with Dangs, caused injuries to Muhammad Siddiq; Saleep, Mst. Rehmi, Manzoor, Sabir and Sarban P. Ws.

4. It appears that both sides received injuries during the occurrence. On the side of the complainant party, Wali Muhammad deceased received three injuries out of which one was caused with sharp and the others with blunt weapons. Muhammad Siddiq received five injuries. All with sharp weapon, out of these injuries, one injury allegedly caused by Khalil (not petitioner) was found grievous‑. The rest of the injuries were simple. Saleem received three simple injuries caused with blunt weapons. Mst. Rehmi received two simple injuries with blunt weapon. Manzoor received four injuries with blunt weapon. Out of which one injury caused' by Roshan petitioner was declared grievous. Sabir received two simple injuries caused by weapon. Sarban received two simple injuries caused with blunt weapon. On the other side, all the five petitioners and Khalil co‑accused received as many as 25 injuries caused by sharp as well as. blunt weapon. Out of which two injuries found on the person of, Roshan caused with Dang,and Abdul Aziz caused by sharp edged weapon were found grievous.

5. Learned counsel for the petitioners submits that the petitioners did not cause any injury to the deceased; that the petitioners except Roshan have allegedly caused simple injuries and that in the circumstances of the case, the petitioners are at the worst responsible for their individual acts. Conversely the learned counsel for the State assisted by the learned counsel for the complainant have vehemently opposed the plea for the bail of the petitioners on the ground that the provisions of section 148/149, P.P.C. stand clearly attracted to the case of the petitioners and that Roshan, Faiz Muhammad and Muhammad Ashraf caused injuries on the vital part of the P.Ws.

6. I have considered the arguments addressed by the learned counsel for the petitioners with care. I find that the petitioners other than Roshan have allegedly caused simple injuries to the P.W s; that the did not cause any injury to the deceased; that as many as six person on the side of the petitioners received as many as 25 injuries caused with vetrious weapons, out of which two injuries have been declared grievous.

7. For what ha been found above, without making any fxpressio of opinion, lest it may prejudice the merits of the case, I am of the view that' the question of the vicarious liability of petitioners other than Roshan requires further inquiry. Since Roshan has allegedly caused grievous injury to Manzoor P.W. and no cross case has 'been registered filed by the petitioner's party so far therefore, I do not feel inclined to grant bail to him. Resultantly application to the extent of Roshan is rejected at this stage. Faiz Muhammad, Abdul Aziz, Muhammad Akbar and Muhammad Ashraf are, however, released on bail in the sum of Rs.20,000 with one surety each in the like amount to the satisfaction of A.C/Duty Magistrate Multan.

S G. D Bail allowed.

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