1986 P Cr (PLP)

‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 302/307‑‑Bail, grant of‑ Sudden fight‑‑Vicarious liability‑‑Both parties injured‑‑Accused responsible for causing injury to witness‑‑Injuries of two accused suppressed by prosecution‑‑Three co‑accused already on bail‑‑Question of vicarious liability of accused, was yet to be established‑‑Bail allowed in circumstances. Qurban Ali Chohan for Applicant. M.I. Memon, Asstt. A.‑G. for the State. Date of hearing: 2nd February, 1986. The complainant Riaz lodged the report of the incident on 1‑6‑1985 wherein the facts have been mentioned as under:‑ "I have to complain that I am working in Mushtaq Textile Mills as Jobber in Shift 'B'. Today on 1‑6‑1985 at 2245 hours I distributed cards amongst the labourers and after distributing cards I was standing out of my office when I saw Khursheed Baig alias Punhoon, Zulfiqar alias Karoo, Inayat Baig who were armed with Knives came from gate near time office. Zahid Pervaiz was also armed with knife. Abdul Manaf of welding section had iron rod in his hand came there and met them. Muhammad Shabbir, Muhammad Mansha, Mazhar lqbal, Muneer Ahmed and Tariq alias Chacha all of welding section also reached at 2300 hours. They were empty handed. As soon as they reached there Abdul Manaf instigated his companions not to spare them. Hearing this Punhoon straightaway gave knife blow to Muhammad Shabbir at the side of his left breast who fell down in the lawn. I snatched the knife from Punhoon, Inayat Baig gave straightway knife blow to Mazhar lqbal in the left side of his abdomen. Zahid gave knife blow to Muneer on his left arm. Zulfiqar gave knife blow to Mansha on his left thigh. Abdul Manaf gave iron rod blows to the above persons. The above persons also in defence gave them fist blows. Both the parties caused injuries to each other. I saw this incident in the light which was on. Due to commotion Jobber Talib, Sabir and others came there and intervened and stopped the fight. Production incharge Willayat also came who was told by Mazhar lqbal that yesterday there was minor quarrel over time of giving and taking charge between the parties, so they got annoyed, Khursheed Baig and others have caused us injuries. In the fight Khursheed Baig alias Punhoon, Zulfiqar alias Karoo also submitted injuries. Talib, Sabir and Willayat took the injured Punhoon, Zulfiqar, Muhammad Bashir, Mansha, Mazhar lqbal and Muneer Ahmed in a van to Civil Hospital. I saw that Muhammad Bashir was dead. So I was told by Willayat to go and lodge report. I have come to report that the above accused with common intention has caused injuries to the above persons as a result of which Muhammad Bashir died. Investigation be made." After usual investigation the case was challaned in the Court of Sessions., The co‑accused Abdul Manaf has been admitted to bail by this Court. Two cc‑accused Zulfiqar and Zahid have been admitted to bail by the Court of Sessions. The bail application of the present applicant was rejected. The allegation against him is that he caused one knife injury to Mazhar Iqbal, who remained in hospital for 8 days. According to the version of the accused, the two accused have also received injuries but the F.I.R. is silent about their injuries. It is yet to be established whether the applicant is vicariously liable for offence under section 302/307, P.P.C. etc. or is only liable for causing knife blow to Mazhar, lqbal. The fight was sudden and both the parties had caused injuries is to each other. In such circumstances, the applicant is admitted to bail in the sum of Rs.20,000 (Rupees twenty thousand only) and P.R. in l the like amount to the satisfaction of the trial Court. The observation on the merits of the case is not binding on the trial Court. S.A. ‑‑‑‑‑ Petition accepted.