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Criminal Miscellaneous No. 318‑B/BWP of 1985, decided on 18th March, 1985.

‑‑‑‑S. 497‑‑Penal Code (XLV of 1860), S.302‑‑Bail, grant of‑‑Only proverbial Lalkara attributed to petitioner and that too after receipt of injuries by deceased‑‑Question of vicarious liability yet to be looked into at trial‑‑Petitioner allowed bail, in circumstances.

Sardar Ahmad Khan for Petitioners.

A.R. Tayyab, for the Complainant.

Ch. Muhammad Ashraf for the State.

This is an application for bail on behalf of Ghaus Bakhsh, Abdul Malik and Hussain Bakhsh petitioners in case under section 302/34, P.P.C. registered at Police Station Rukanpur, vide F.I.R. No. 164/84, dated 9‑11‑1984.

2. The prosecution case is that the petitioners alongwith Nazir co‑accused launched murderous assault on Muhammad Rafiq. Nazir Ahmad accused fired shots which hit the deceased and that Abdul Malik and Hussain Bakhsh had also fired shots from their pistols.

3. The learned counsel has not pressed for the bail of Abdul Malik and Hussain Bakhsh petitioners at this stage. As for Ghaus Bakhsh petitioner, he submitted that only proverbial Lalkara has been attributed to him. The learned counsel for the State assisted by the learned counsel for the complainant has opposed the plea for the bail of Ghaus Bakhsh petitioner.

4. I have considered the arguments advanced by the learned counsel for the parties with care. I find that only proverbial Lalkara and that too after the receipt of the injuries by the deceased has been attributed to him and as such question of the vicarious liability needs further A inquiry. He is allowed bail in the sum of Rs.20,000 (Rupees twenty thousand only) with one surety in the like amount to the satisfaction of A.C. /Duty Magistrate, Rahimyar Khan.

S.G.D Bail granted.

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