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Criminal Miscellaneous No. 787‑B of 1981, decided on 16th October, 1981.

‑‑‑S. 497 ‑‑Penal Code (XLV of 1860), S. 302/307/324/148/149‑‑Bail‑ Accused coming to scene of offence when deceased had already fallen down after receiving injuries and no injury inflicted on him, thereafter‑‑ Case of accused one of further inquiry‑‑Bail granted.

Sh. Khizar Hayat for Petitioners.

Muhammad Siddiq Safdar for the State.

Date of hearing: 16th October, 1981.

This is an application for bail on behalf of Roshan Shah, Haq Nawaz, Pir Shah and Sabir Shah petitioners in a case under section 307/302/324/148/149, P.P.C. registered at Police Station Makhdoom Rashid, Multan, vide F.I.R. No. 136, dated 18‑6‑1981.

The prosecution case is that the petitioners alongwith three others in furtherance of their common object caused the death of Noor Din and injuries to Abdul Rahim complainant and Abdul Qayyum P.W. So far as the petitioners are concerned, it is alleged that Haq Nawaz initiated the trouble. He exchanged abuses with Noor Din deceased and Abdul Rahim complainant and, thereafter went back saying that he would teach them a lesson just after coming. Thereafter, he caused injuries on Abdul Rahim and Abdul Qayyum.

So far as Roshan Shah, Pir Shah and Sabir Shah are concerned, there is general allegation that they caused injuries to Abdul Rahim .complainant.

2. Learned counsel for the petitioners submits that the petitioners allegedly had caused injuries to the P.Ws. after deceased had fallen down on the ground on receipt of hatchet and Dang blows by Muhammad Afzal and Chiragh Shah, therefore, the question of their vicarious liability needs consideration.

3. On the other hand, learned counsel for the State assisted by the learned counsel for the complainant vehemently opposed this petition. He submits that it is a clear case of vicarious liability and that in any case Haq Nawaz is not entitled to the concession of bail.

4. I have considered the arguments advanced by the learned counsel for the parties. It is not clear from the F.I.R. whether Roshan Shah, Pir Shah and Sabir Shah were present at the time of the infliction of the injuries to the deceased. In the F.I.R. it is stated:

It should be noted that the deceased was not inflicted any injury after he had fallen down on the ground. I am of the opinion that be that as it may the fact remains there that Roshan Shah, Pir Shah and Sabir Shah did not cause any injury to the deceased and they appeared on the scene after the deceased had fallen down on the ground after having received injuries. In these circumstances, their case needs further inquiry. They are, therefore, allowed bail in the sum of Rs.10,000 (Rupees ten thousand) with one surety each in the like amount to the satisfaction of A . C . Multan.

5. At this stage, learned counsel for the petitioner does not press for the bail of Haq Nawaz. The same is dismissed as having not been pressed.

M. Y. H./3200/L Bail granted.

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