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Criminal Miscellaneous No. 760‑B/BWP of 1983, decided on 2nd October, 1983.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302/307‑‑Bail, grant of‑‑Cross -cases relating to same occurrence, registered against parties‑‑On petitioner's side two persons receiving injuries with sharp‑edged as well as blunt weapon‑‑Petitioners causing no injury to deceased and attributed only simple injuries to prosecution witnesses‑‑Petitioners allowed bail, in circumstances.
Ch. Muhammad Rafiq Bajwa for Petitioners.
Ch. Abdul Nebi assisted by S.M. Anwar Shah for the State.
This is an application for bail on behalf of Mukhtar Ahmed Manzoor Ahmed and Nazar Hussain petitioners to a case under section 307/302/148/149, P.P.C. registered at P.S. Liaqatpur, vide F.I.R. No. 70/83.
2. The prosecution case is that the petitioners and others in furtherance of their common object caused the death of Allah Wasaya and injuries to the witnesses. It appears that both sides received injuries. On the side of the complainant party, the deceased Allah Wasaya received 2 injuries caused with blunt weapon, specifically attributed to Muhammad Sadiq and Ashiq Hussain co‑accused. Abdul Haq P.W. received 2 injuries caused with blunt weapon and simple in nature. The injuries are attributed to Mukhtar petitioner and Sadiq co‑accused, Allah Bakhsh P.W. received 2 simple injuries caused with blunt weapon. These injuries have been attributed to Nazar Hussain petitioner. Abdul Aziz P.W. received 2 simple injuries caused with blunt weapon. These injuries have allegedly been caused by Manzoor Hussain petitioner. Qadir Bekhsh received simple injury with blunt weapon allegedly caused .by Riaz co‑accused. Abdul Hameed received one simple injury with blunt weapon allegedly caused by Gharib Nawaz co‑accused. On the side of the petitioners Sadiq Hussain co‑accused received 4 simple injuries out of which 3 with blunt, and one with sharp‑edged weapon. Gharib Nawaz co‑accused received 2 simple injuries caused with blunt weapon. The police has registered cross‑case under section 324/34, P.P.C. against the complainant party.
3. Learned counsel for the petitioners submits that there are cross cases and it is yet to be determined as to who was the aggressor.
As against this, the learned counsel for the State assisted by the learned counsel for the complainant have opposed the pies for bail of the petitioners on the grounds that the names of the petitioners are given in the F.I.R. and the mere fact that there are cross‑cases is not sufficient to release the petitioners on bail.
4. I have considered the arguments advanced by the learned counsel for the parties with care. I find that there are cross‑cases between the parties; that on the side of the petitioners 2 persons received injuries with sharp‑edged as well as blunt weapon; that the petitioners did not cause any injury to the deceased and that the allegation against the petitioners are that they caused simple injuries to the prosecution A witnesses.
5. For what has been found above, I am of the opinion that the question of the vicarious liability of the petitioners needs further enquiry. They are, therefore, allowed bail in the sum of Rs.10,000 with one surety each in the like amount to the satisfaction of A.C. Duty Magistrate, Liaqatpur.
S.G.D. Bail granted.
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