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Criminal Miscellaneous No.2907/B of 1986, decided on 21st December, 1986.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 302 & 307/149‑‑Bail, grant of‑‑Vicarious liability‑‑Accused allegedly causing injuries to witnesses‑ Two of accused firing ineffectively‑‑Two co‑accused responsible for fatal injuries to deceased‑‑Accused attributed ineffective firing were admitted to bail while others attributed effective role were refused concession of bail in circumstances.
Talaat Farooq Sheikh for Petitioner.
Aurangzeb Mirza for the State.
Date of hearing: 21st December, 1986.
Irshad, Muhammad Sharif, Muhammad Nazir, Muhammad Hanif, Muhammad Shafi, Muhammad Saleem and Younis alongwith two others stand charged with the murder of Anwar deceased and for causing injuries to Bashir and Shahadat, Wali Muhammad and Noor Muhammad P.Ws. with fire‑arms on 17‑8‑1986. The fatal injuries to the deceased are attributed to Muhammad Anwar and Abbas co‑accused who have not applied for bail. The petitioners are alleged to have caused injuries to the P.Ws. named' above. Irshad and Muhammad Sharif petitioners are alleged to have ineffectively fired.
2. It is stated that the petitioners who have not caused any injury to the deceased are entitled to bail, further that the injuries attributed to them are simple in nature and that the complainant party is guilty of aggression in that they caused fire‑arm injuries to Abbas co‑accused.
3. Learned counsel for the complainant and the State have opposed the application. According to them the petitioners are vicariously liable for the murder of Anwar deceased.
4. Since only ineffective firing is attributed to Irshad and Muhammad Sharif petitioners I grant the petition to their extent and admit them to bail in the sum of Rs.20, 000 each with two sureties each in the like amount to the satisfaction of A.C. Kasur.
5. However, the application of other petitioners namely, Muhammad Nazir, Muhammad Hanif, Muhammad Shafi, Muhammad Saleem and Muhammad Younis is dismissed because of the effective role attributed to them.
S. A. /1‑7/L Petition partly accepted.
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