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Criminal Bail Application No. 276 and Criminal S.M. Revision No. 28 of 1986, decided on 25th May, 1986.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302/307/149/148‑‑Bail, grant of‑‑Specific role of injuring a witness assigned to accused‑‑Accused identified in identification test‑‑Counter‑version appearing to be a mere counterblast to main case‑‑Challan submitted to Trial Court‑‑‑Accused absconded after receiving interim bail and not surrendered as yet and appearing to be vicariously liable to commission of offence‑‑Bail declined, in circumstances.
Mansoob Ali Qureshi for Applicant.
A.Q. Halepota and M.I. Memon, A.A.‑G. for the State.
The F.I.R. was lodged by Jehangir on 21‑12‑1985 wherein he has stated that on 21‑12‑1985 at about 12‑15 he and Gulfraz were sitting in their office and he was informed by a boy that Nasir, Hanan, Mirza Rafiq Baig. Rehman and Saeed were beating his brother Zahir and his younger brother Asghar was also with Zahir. On this information he and Gulfraz came down from the gate of lift and saw Zahir and Asgher injured. They also saw that Nasir fired a bullet shot with a revolver on the temple of his brother Zahir who fell down. After this Rehan, Saeed, Sokhi, Nasir, Jawaid and others started firing and attacked with knives. The complainant received injuries on his rib. Sokhi fired a bullet shot on the back of his brother Asghar, and they killed his brother Zahir. Asghar was examined in the hospital on 30‑12‑1985. He has stated that the applicant has caused him knife blow and gave him three injuries by means of knife. He also received two injuries by fire‑arm.
The learned counsel for the applicant has stated that in the F.I.R. it is stated that Asghar had received injury on the back side but according to the medical report, he received injury on shoulder. The F.I.R. had shown the accused making fire. Even the injured Asghar has also stated this fact. Eight persons have been named as accused persons and allegations have been made against all of them. The specific role has been assigned to the present applicant. He has been identified in the identification test. The accused has been charged under, section 147/148/149/307/302, P.P.C. One person has died and others are injured. The application is vicariously liable to the commission of offence. The injured Asghar remained in hospital for 17 or 18 days. The learned counsel has stated that in the encounter Saeed and Jawaid have received injuries but according to the learned A.A.‑G. the record does not indicate this fact and also the medical certificate of these persons are not on the file. The counter‑‑version does not state as to how the deceased and Asghar have received injuries. It appears that this report has been lodged as a counter‑blast to the main case. The challan has been submitted. The accused has not surrendered before the police as yet after he received interim bail.
In view of the above, the applicant is not entitled to bail. The application is rejected. The interim bail's order is recalled. The applicant may move fresh application after some evidence is recorded.
S. G. D. Bail refused.
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