1981 PLP 397 (SCMR)

ABDUL KADIR SHAIKH, J.

This is a petition for special leave to appeal against the judgment of Lahore High Court dated 27-1-1981 by which petitioner's request for release on bail pending disposal of case under section 302/34, P. P. C. against him was rejected. The petitioner and two others Akhtar Hussain and Muhammad Ali are said to have caused the murder of Zafarullah at about 7-30 p. m. on 28-7-1980, in Basti Samet Pur, and the report of the crime was lodged by Javed Akhtar son of the deceased within 10 minutes at Khudian Police Station, Tehsil and District Qasur situated at a distance of li furlongs from the scene of offence. According to the prosecution, the accused, in spite of several protests, used to pluck fruit from pomegranate tree in the house of Zafarullah. On the day of occurrence Ahmad Ali petitioner cut off a branch of the tree, Zafarullah therefore went to their house to lodge protest but in return the accused threatened him. On the commotion Javed Akhtar and Aftab Alain sons of Zafarullah and Shaukat Ali rushed to the scene. Muhammad Ali accused is said to have inflicted knife injuries on Zafarullah and his two companions attacked Javed Akhtar and Aftab Alam with hunters as a result both were injured. Petitioner's request for release on bail was refused by the Sessions Judge, his similar request to Lahore High Court was also rejected by a learned Single Judge, and be now seeks special leave to appeal. Dr. Khalid Ranjha, learned counsel for the petitioner submits that the prosecution case according to the F. I. R. that petitioner, "injured Sbaukat Ali with hunter" is falsified by the medical evidence, for, no mark of violence was noticed by the Doctor on the body of the alleged victim and, in any case, mischief of vicarious liability under section 34, P. P. C. is not attracted even according to the prosecution case itself. Learned Single Judge in the High Court rejected the request for bail made by the petitioner and the co-accused for the reasons which maybe re produced hereunder "Javed bore 12 injuries while Shaukat allegedly suffered an injury in the abdomen which was not visible but described as pain in the abdomen. However, the fact remains that the two brothers went to rescue their father but were beaten up by the two petitioners after their father Zafarullah had been stabbed. Although pace in the courtyard of the accused party but the circumstances as they appear in the F. I. R. clearly show that the deceased and his sons went unarmed and that the deceased went to the house of petitioners to lodge a protest only but was met with violence. For his protection his sons went there and were also beaten up. None of the accused is injured. Under these circumstances, I do not consider, it a fit case for bait. Since the learned Single Judge has refused petitioner's request, for bail in; view of the weight of the prosecution case and the discretionary order passed by him does not violate any provision or principle of law governing cases such as this, there is no justification for interference by this Court. The petition is, therefore, dismissed in limine. Petition dismissed.