2003 PLP 2313 (YLR)

S. Sardar-ud-Din Qureshi for the State. Applicant Ghulam Muhammad has been booked in F.I.R. No.103 of 2001 of Police Station Sharifabad under sections 302/ 334/34, P.P.C. The brief facts of the case are that on 4-8-2001 complainant Chaman Ali lodged F.I.R. with Sharifabad Police alleging therein that his younger brother Yousaf aged about 18/19 years was affiliated with Sipah Sahaba Tanzeem whereas one Arif T.T. was Unit Incharge of Sunni Tehrik in the locality. About a week prior to the incident his brother had fixed a flag of Sipah Sahaba over his house and on 3-8-2001 aforesaid Arif complained to the complainant, who promised him to remove the flag. On that day, at about 9-00 p.m. complainant came back from his duty and his brother Yousaf was present in the street. All of sudden, he heard commotion outside their house. He came out of his house and saw that Arif. T.T. and Tanveer Hussain were armed with pistols whereas Ghulam Hussain alias Gullo was empty-handed were present and they were trying to put off the flag. His brother Yousaf was restraining them. At about 9-15 p.m. Arif T.T, and Tanveer fired at his brother Yousaf who sustained bullet injuries and succumbed to injuries on the spot. Neighbour boys namely Jamal and Farooq also sustained injuries. The aforesaid incident was witnessed by complainant, his father Ali Sher, Abdul Razzak and Muhallah people. After registration of F.I.R. the police took up investigation and submitted challan in the Court. The case has been sent up for trial and is pending trial in the Court of IInd Additional Sessions Judge, Karachi Central. It is submitted by the learned counsel appearing for the applicant that he was not armed with any weapon. He did not play any active role in the incident and did not cause any injury to the deceased. The allegations are that he was simply present at the spot. So far vicarious liability under section 34, P.P.C. is concerned that is yet to be established as no overt act has been attributed to him and his case is distinguishable from co-accused Arif TT and Tanveer. Mr. Sardar-ud-Din Qureshi learned counsel appearing for State has conceded to the bail plea of the applicant for the aforesaid, reasons. Perusal of police papers reveal that the present applicant was not armed with any weapon. He did not cause any injury to the deceased. No overt act has been attributed to him. So far vicarious liability under section 34, P.P.C. is concerned that is yet to be established at the time of trial. It is yet to be proved that the applicant is involved in a case covered by prohibitory clause of section 497(1), Cr.P.C. His case comes under the scope of further inquiry contained under section 497(2), Cr.P.C. He is to be released on bail on furnishing surety in the sum of Rs.2,00,000 (Rupees two lacs only) and P.R. bond in the like amount to the satisfaction of the trial Court. H.B.T./G-144/K Bail granted.