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Criminal Miscellaneous No. 236/B of 1987, decided on 8th February, 1987.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302/34‑‑Bail, grant of‑‑Accused empty‑handed allegedly holding deceased from behind‑‑Accused producing official record in support of his alibi‑‑Police finding accused to be innocent and placing him in column No. 2 of challan‑‑Bail granted in circumstances.
Muhammad Hussain for Petitioner.
M.D. Tahir for the Complainant.
Sardar Muhammad Khurshid for the State.
Date of hearing: 8th February, 1987.
Khadim Hussain petitioner has moved this petition for bail in a case registered against him, his father Gulab and his brother Parvez under section 302/34, P.P.C.
2. In an occurrence which took place on 28‑8‑1986 Muhammad Iqbal deceased suffered a knife injury in his chest at the hands of co‑accused Parvez, as a result of which he later on died when he was being taken to Civil Hospital, Shakargarh. According to the F.I.R. the petitioner and his father Gulab were empty‑handed; Gulab had allegedly raised a Lalkara and the allegation against the petitioner is that he held the deceased from' behind.
3. Learned counsel for the petitioner contends that no injury to the deceased has been attributed to the petitioner and he produced documentary evidence before the Investigating Officer to show that at the time of occurrence he was present in his office at Islamabad. He submits that the petitioner has been declared innocent during the investigation and shown in column No. 2 of the challan. The learned State counsel also concedes that the petitioner has been declared innocent and placed in column No. 2 of the challan. He does not oppose the prayer of bail.
The learned counsel for the complainant, however, strenuously opposes the prayer. He submits that a specific role has been attributed to the petitioner and principle of vicarious liability is clearly attracted, therefore, no ground for bail is made out.
4. I have gone through the relevant material and considered the submissions made by the learned counsel for the parties. Admittedly the petitioner was empty‑handed. Perusal of the record reveals that he produced official record in support of his plea that at the time of occurrence he was not present at the spot. During the investigation he was found innocent and has been shown in column No. 2 of the challan. In the circumstances, I feel inclined to the view that a case for his enlargement is made out. I, therefore, admit him to bail in the sum of Rs.25,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner,, Shakargarh.
S.A./K‑11/L Bail granted.
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