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Criminal Miscellaneous No. 288/13 of 1986, decided on 22nd July, 1986.

‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 302 & 307/34‑‑Bail, grant of‑ Further inquiry‑‑Accused admittedly empty‑handed and attributed lalkara only‑‑Question of' vicarious liability to be examined at trial‑ Facts presently obtaining on record, held, would call for further inquiry into guilt of accused‑‑Bail allowed in circumstances.

Malik Rab Nawaz Noon for Petitioner.

Muhammad Nawaz Abbasi, A.A.‑G. for the State.

Ch. Zahoor Hussain for the Complainant.

Muhammad Jan the petitioner, is a co‑accused in a criminal case registered under section 302/307/34, P.P.C. in which his two brothers‑in- law, Imdad Hussain and Shaukat Hussain, have been named as principal accused, attributed a definite role of firing at the deceased Karam Dad, resulting in his instantaneous death.

2. The bail having been refused to the petitioner, by the Court below, he has now come to this Court.

3. It is not disputed that the petitioner was empty handed. As per averments, made in the F.I.R., the role attributed to him, is that he entered the Haveli of the deceased alongwith the co‑accused and raised a Lalkara.

4. The learned A.A.‑G., opposes this bail on the footing of section 34, P.P.C., but I feel that the question of vicarious liability can well be examined at the trial and the facts presently obtaining on the record, do call for an inference that this is a case for further inquiry into the guilt of the petitioner. He is, therefore, enlarged on bail provided he furnishes bail bond in the sum of Rs.25,000 with two sureties in the alike amount, each, to the satisfaction of Assistant Commissioner, Rawalpindi.

S.A. /M‑145/L Bail allowed.

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