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Criminal Miscellaneous No. 994-B(BWP) of 1982, decided on 24th October, 1982.
---S. 497--Penal Code (XLV of 1860), S.302/307/34--Vicarious liability- Accused armed with pistol--Deceased having only one sharp weapon in jury--Co-accused to whom sharp weapon injury ascribed, already released on bail--Question of vicarious liability in circumstances, held, needed further consideration--Bail allowed.
M.A. Rashid Chaudhary for Petitioner.
M.A. Hameed for the State.
This is an application for bail-on behalf of Sarwar Ram petitioner in a case under section 302/307/34, P.P.C. registered at P.S. Channigoth, vide F.I.R. No. 87/81.
2. The prosecution case as given in the F.I.R. is that Liaqat Ali, Buddhan and Shammaun (not accused) caused the death of Muhammad Ashraf on the night between 15/16-10-1981 in' the area of Faridabad, P.S. Channigoth.
3. During the investigation, the police came to the conclusion that the persons named in the F.I.R. were innocent and in fact the murder was committed by the petitioner and his co-accused namely Saghir Ahmad and Ashiq Hussain and that at the time of occurrence Saghir Ahmad was armed with a Chhura and Ashiq Hussain with a knife and the petitioner with a pistol. Furthermore, Saghir Ahmad inflicted the dagger blow on the person of the deceased whereas the petitioner fired in the air. The police collected the following piece of evidence against the petitioner:
(1) Extra-judicial confession supported by Ghulam Qadir and Ghulam Rasool whose statements were recorded by the police on 18-12-1981, i.e. after more than one month of the occurrence.
(2) The recovery of pistol.
(3) Identification parade wherein Abdullah Khan and Gul Muhammad identified the footprints of the petitioner.
4. The learned counsel for the petitioner submits that the co-accused namely Saghir Ahmad and Ashiq Hussain have already been allowed bail by this Court and as such the petitioner is entitled to the concession of bail.
The learned counsel for the State has opposed this application on the ground that the confession made by Sarwar Ram before Ghulam Qadir and Ghulam Rasul cannot be termed as a joint confession.
5. After hearing the learned counsel for the parties. I find that the deceased had received only one injury caused by sharp-edged weapon which has been attributed to Saghir Ahmad, who has already been released on bail. Furthermore, he did not cause any injury to the deceased and as such the question of his vicarious liability needs consideration. He is allowed bail in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A.C. Ahmadpur East.
S.A./4613/L Bail allowed.
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