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Criminal Miscellaneous No. 971/B with Criminal Miscellaneous No 972/M (BWP) of 1984, decided on 15th August 1984.

‑‑‑S. 497‑‑Penal Code (XLV of 1860, S. 307/34‑‑Bail, grant of‑ Vicarious liability‑‑Both sides receiving injuries during occurrence‑‑Two of injuries on accused declared grievous‑‑No cross‑complaint against complainant party‑‑Two accused causing only simple injuries‑‑Third allegedly causing head injury with Kassi to a witness‑‑Accused causing head injury, held, was not entitled to grant of bail while question of vicarious liability of other two accused required further enquiry‑‑Bail was, therefore, allowed to them.

R.A. Ghori for Petitioners.

Ch. Abdul Nabi assisted by Malik Siddiq Sikandar for the State.

This is an application for bail on behalf of Karim Bakhsh, Muhammad Ashraf and Allah Ditta petitioners in case under section 307/34, P.P.C. registered at P.S. Saddar, Bahawalpur, vide F.I.R. No. 162/84, dated 18‑6‑1984.

2. The prosecution case is that the petitioners and others, variously armed, in furtherance of their common intention launched murderous assault on Ghulam Shabbir and 4 others and thereby caused as many as 17 injuries to them.

3. The learned counsel for the petitioners contends that it is a case of sudden fight wherein three persons on the side of the petitioners received 9 injuries with blunt weapons out of which 2 injuries found on the person of Umar and Allah Ditta have been declared grievous.

Conversely, the learned counsel for the State assisted by the learned counsel for the complainant opposed the plea for bail of the petitioners: They submitted that Ghulam Shabbir P.W. is unconscious for the last two months and that injury with Kassi was inflicted on his head with intent to cause his death and that the other petitioners are vicariously liable.

4. I have considered the arguments advanced by the learned counsel for the parties with care. It appears that during the occurrence both sides received injuries. On the side of the complainant 5 persons received 17 injuries with sharp‑edged as well as blunt weapon. On the side of the petitioners 3 persons received 9 injuries with blunt weapon out of which 2 injuries have been declared grievous. 1 find that no cross complaint has been filed by petitioners party against complainant party so far that Karim Bakhsh and Allah Ditta petitioners Nos. 1 and 3 allegedly caused simple injuries to Manzoor Ahmad, Muhammad Sharif, Manzooran Bibi and Mst. Zahooran Bibi P.Ws. and that Muhammad Ashraf caused injury on the head of Ghulam Shabbir P.W. with Kassi resulting in his unconsciousness for the last two months.

5. For what has been found above I am of the view that as for Muhammad Ashraf no case for the grant of bail is made out at this stage. So far as Karim Bakhsh and Allah Ditta are concerned, the question of their vicarious liability, in the circumstances of the case, needs further enquiry. They shall be released on bail in the sum of Rs.10,000 with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Bahawalpur. Application to the extent of Muhammad Ashraf is dismissed at this stage.

S. A. Partly accepted.

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