1979 P Cr (PLP)

Shahid Hussain Kadri for Petitioners. Sardar Nazar Hussain Dogar for the Complainant. Asad Munir for the State. Muhammad Rafiq, Muhammad Anwar, Muhammad Sarwar and Farzand Ali alias Kali petitioners who along with others are involved in a case under sections 148, 302 and 307/149, P. P. C., have moved this petition for bail. After the preliminary hearing, the petition was admitted only in respect of Muhammad Sarwar and Farzand Ali petitioners.

2. The case of the prosecution is that on the night between 17th and 18th August 1978, at about Sehriwela the petitioners and their co-accused armed with dangs trespassed into the courtyard of Karr al Din complainant and caused injuries to his sons Muhammad Sarwar, Muhammad Anwar and Muhammad Yusuf as a result of which the latter died at the spot. He had three injuries on his person which are attributed to Bagh Ali, Muhammad Anwar and Muhammad Rafiq. The part attributed to Muhammad Sarwar and Farzand Ali alias Kali is that they along with others caused injuries to Muhammad Anwar, Muhammad Sarwar, Muhammad Din and Manzur Ahmad P. Ws. The motive for the offence was that about a year prior to the occurrence there was a fight between the complainant party and Bagh Ali accused in which the latter was injured and a case was registered against the complainant party under sections 148 and 307/149, P. P. C.

3. The learned counsel for the petitioners contends that no injury to the deceased has been attributed to Muhammad Sarwar and Farzand Ali petitioners and the only allegation against them is that they along with others caused injuries to Anwar, Sarwar, Muhammad Din and Manzur P. Ws. He further submits that the petitioners had absolutely no motive to attack the complainant party and it is yet to be seen whether the principle of vicarious liability is attracted to the facts of this case or not, therefore, the petitioners are entitled to the concession of bail. The learned counsel for the complainant and the State submit that it was a premeditated attack, therefore, all the accused are equally liable for the major offence and no ground for bail is made out.

4. I have gone through the record. The deceased had three injuries which have been attributed to Bagh Ali, Anwar and Muhammad Rafiq Anwar P. W. had ten injuries out of which Nos. 2 and 3 on the left forearm were declared grievous. Sarwar P. W. also sustained ten injuries out o which injury No. 9 on the right arm was declared grievous. Muhammad Din P. W. bad six injuries and Manzur P. W. had two injuries, all simple in nature. The grievous injuries on the injured P. Ws. are not specificall attributed to any of the accused. Sarwar and Farzand petitioners are no alleged to have caused any injury to the deceased. He had three injuries and in the F. I. R. three persons have been nominated as assailants a mentioned above. The question of various liability is to be determined finally by the trial Court in the light of evidence to be adduced at the trial. It is, however, clear that in the F. I. R. Muhammad Sarwar and Farzand Ali alias Kali petitioners are not shown to have any motive for the commission of murder. Their case thus, appears to stand on a different footing and needs further inquiry. In the circumstances, I admit them to bail in the sum of Rs. 20,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner, Chunian. Bail allowed.