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Criminal Miscellaneous No. 2152/B of 1986, decided on 14th September, 1986.
‑‑‑S.497‑‑Penal Code (XLV of 1860), Ss. 302/34 & 324‑‑Bail, grant of‑‑Vicarious liability‑‑Quarrel taking place over sitting of accused and two other co‑accused in front of house of complainant‑‑F.I.R. not disclosing possession of Chhuri by one co‑accused being within knowledge of accused‑ ‑Co‑accused allegedly brought out Chhuri from Nepha of Shalwar during grappling with deceased‑‑Only one injury caused to deceased‑‑No reasonable grounds, held, existed to believe that accused was guilty of offence imputed him and there were sufficient grounds for further inquiry into guilt‑‑Bail was allowed in circumstances.
Sh. Muhammad Islam for Petitioner.
Nisar Khalil for the State.
This is a petition under section 498, Cr.P. C. by Younis Masih, petitioner, for bail in respect of a case instituted against him and two others under section 302/324/34, P.P. C. at Police Station City Kasur on 25‑6‑1985.
2. The prosecution case in brief is that the ladies use to pass by the street opposite the house of the complainant and the complainant did not like stray wayfarers blocking the street by sitting there. On 25‑6‑1985 at 3‑00 p.m., Muhammad Shafi, complainant, requested ‑his son Ahmad Ali, deceased, to go and inform Lachhr Masih, co‑accused, and his two companions (whose names were not given in the F.I.R., but who later were found to be Younis Masih; petitioner, and Muhammad Ashraf alias Achhu, co‑accused), who were sitting in front of his house, to remove themselves from that place. Accordingly, Ahmad Ali, deceased, went and did so, but both the parties got themselves embroiled in a quarrel and the three accused assaulted the deceased, in which process Lachhi Masih, co‑accused, took out a Chhuri from the Nepha of his Shalwar and inflicted one injury with the same on the deceased on his buttock. The incident was witnessed by Muhammad Shafi complainant, Muhammad Sharif and Muhammad Ajmal P.Ws.
3. I have heard the arguments of the learned counsel for the petitioner and the State. The F.I.R. does not disclose that when the petitioner and his two companions were sitting outside the complainant's house, that the petitioner was aware that Lachhi Masih, co‑accused, had a Chhuri secreted in the Nepha of his Shalwar. The F.I.R. disclose that during the quarrel and grappling, Lachhi Masih, co‑accused, took out a Chhuri from the Nepha of his Shalwar and inflicted one injury on Ahmad Ali, deceased, with the same. Without going on the record as having given any opinion, I would only say that presently no reasonable grounds exist for believing that the petitioner is guilty of the offence imputed to him, for there are sufficient grounds for further inquiry into his guilt.
4. For the foregoing reasons, this petition is accepted and Younis Masih, petitioner, is released on bail, subject to his furnishing security in the sum of Rupees thirty thousand (Rs. 30,000) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Kasur.
S.A
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