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Criminal Miscellaneous No. 1050/B (BWP) of 1982, decided on 24th October, 1982.
‑‑--‑S.497‑‑Penal Code (XLV of 1860), S 148/307/325/149‑‑Vicarious liability‑‑Accused alongwith five others causing 10 injuries to two witnesses‑‑One injury on forearm of witness found grievous Grievous injury not specifically attributed to accused‑‑Question of application of S.307, P.P.C. and that of vicarious liability, held, needed further enquiry‑‑Bail granted.
Haji Riaz ud Din Ahmad Khan for Petitioners.
M.M. Pirzada for the State.
This is an application for bail on behalf of Ghulam Rasool and Sultan petitioners in a case under section 307/325/148/149, P.P.C. registered at Police Station Haroonabad, vide F.I. R. No. 182 of 1982.
2. The prosecution case is that the petitioners and five others in furtherance of their common intention launched murderous assault upon Amanullah and Khan Muhammad P.Ws. and caused as many as 10 injuries on their persons. The medico‑legal reports indicate that Amanullah received five injuries caused with blunt weapon and out of these, injury No.5 on the left forearm has been declared grievous. Khan Muhammad also received 5 injuries all simple in nature and caused by blunt weapon.
3. Learned counsel for the petitioners submits that the allegations if accepted at its face value, no case punishable under section 307, P.P.C. has been made out. The learned State counsel has, however, opposed this application on the ground that the victim had received head injuries and as such section 307, P.P.C. stands clearly attracted.
4. After hearing the learned counsel for the parties I find that out of 10 injuries found on the person of Amanullah and Khan Muhammad, only one injury on the forearm has been declared grievous which has not been specifically attributed to the petitioners and as such the question of the application of section 307, P.P.C. as well as their vicarious liability needs further inquiry. Accordingly the petitioners are allowed bail subject to their furnishing bail bonds in the sum of Rs.20, 000 each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Haroonabad.
S. A. Bail granted.
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