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Criminal Miscellaneous No.931/B of 1987, decided on 18th May, 198.
---S.497--Penal Code (XLV of 1860), Ss.302, 452 & 148/149--Bail, grant of--Accused attributed Lalkara--No overt act by accused--Murder, result of fire shots by co-accused--Vicarious liability to be determined at trial--No reasonable grounds existed to believe that accused was guilty of offence falling under prohibitory clause--Bail allowed in circumstances.
1983 P Cr. L J 2214 and 1982 P Cr. L J 1000 ref.
Muhammad Akbar Cheema for Petitioner.
Farooq Bedar Assistant Asstt. A.-G. (Punjab) for the State.
Date of hearing: 18th May, 1987.
The petitioner was reported against vide FIR No.126 of 1986 dated 19-6-1986 Police Station Sarai Alamgir, Tehsil Kharian, District Gujrat under section 302/452/148/149, PPC for being a member of an unlawful assembly in which incident allegedly a young boy Muhammad Imran was killed by a gun-shot fired by Zafarullah co-accused.
2. It has been argued on behalf of the petitioner that the only role attributed to the petitioner is to have raised a lalkara and he was allegedly armed with a Sota and no overt act is attributed to him as the killing admittedly vide the FIR was the result of a gun shot fired by Zafarullah. The petitioner is also it is argued not the person who had a motive inasmuch the brawl had taken place between the complainant party and Zafarullah co-accused. Reliance is being placed on 1983 P Cr, L J 2214 and 1982 P Cr. L J 1000.
3. Bail has been opposed by the learned Assistant Advocate-General. Punjab Mr. Farooq Bedar on the ground that a child had been killed and therefore being a member of an unlawful assembly the vicarious liability is to be shared by all. He also submits that raising of a lalkara facilitated the crime.
4. In criminal matters, F think, the fate of the case hinges on the peculiar facts of each incident. No rule of universal application can be laid down in matters of lalkara which has sometimes been described as a proverbial shouting. According to the FIR three shots were fired by Zafarullah and one of them hit the deceased Muhammad Imran. According to the FIR version the petitioner had no role to play in that killing through an overt act. The question of vicarious liability would be determined at the trial. Therefore, there presently exist no reasonable grounds for believing that the petitioner is guilty of an offence punishable with death or imprisonment for life as his case falls within the prohibition contained in section 497, Cr.P.C.
5. The petitioner is accordingly admitted to bail in the sum of Rs.30,000 (thirty thousand only) with two sureties in the like amount to the satisfaction of the Assistant Commissioner, Kharian.
S.A./A-149/L Bail allowed.
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