1987 PLP 1906 (SCMR)

NASIM HASAN SHAH, J.--On the report of Haji Muhammad Sharif (complainant) a case has been registered against the petitioners and 4 others at Police Station Toba Tek Singh on 28-6-1983 under section 302/307/148/149, P.P.C. The case of prosecution, as it emerges from the F .I . R. is that about three and a half years prior to the occurrence, co-accused Abdur Rehman Jami and Zafar Iqbal, manipulated to get the land of one Sardar Muhammad an uncle of Muhammad Hanif deceased mutated in favour of Ghulam Rasul. On account of this mutation there was bad-blood between the complainant party and the accused persons. On 26-6-1983, at about 4 p.m. there was an altercation between the parties, as a result of which co-accused Abdul Rehman Jami, Akhtar Iqbal and Abdul Majid, armed with pistols, fired at Muhammad Hanif, as a result of which he died at the spot. Ashfaqur Rehman, co-accused, armed with gun, fired at Talib Hussain, who also died at the spot. Muhammad Ayyub, Petitioner No.1 herein, who was armed with a gun, fired at Liaquat Ali P.W. and injured his left leg. Fateh Haider, petitioner No.2 herein who was armed with a gun, also fired on the opponents injuring Muhammad Arshad P.W. and Shaukat Ali P.W. in their legs. Rizwan Zafar, petitioner No. 3 herein, was also armed with a gun and fired at Haji Muhammad Sharif complainant, who also was injured on the right leg. The petitioners applied for bail before the Additional Sessions Judge, who rejected their application vide his order dated 9-1-1984. Their application for the same relief before the Lahore High Court also failed as the learned Judge in the said Court was of the view that the vicarious liability of the petitioners can only be determined by the trial Court. They have now approached this Court by this petition for leave. We issued notice to the Advocate-General Punjab, on 29-2-1984 after hearing Mr. Mahmood Ali Qasuri, learned counsel for the petitioners. Mr. Nusratullah, Advocate, has appeared on his behalf today and the learned counsel for the parties have been heard at some length. Mr. Mahmood Ali Qasuri has, inter alia, submitted that the petitioners have been falsely implicated in the transaction although they had not taken any part therein. Fateh Haider and Rizwan Zafar are students of the B.A. Class while Muhammad Ayyub, petitioner No.1, even according to the report submitted by the Police under section 173, Cr.P.C. was empty handed at the time of the occurrence. The dimensions of the injuries found on the person of the injured prosecution witnesses, who were allegedly fired upon by the petitioners with .12 bore guns, were 0.8 centimetres, which could not possibly be caused with .12 bore guns and appeared to have been caused by pistol shots. These and some other points raised by the learned counsel do require further inquiry. We would, accordingly, convert this petition into an appeal and allow it. Bail shall be granted to the petitioners herein on their furnishing bail bonds in the sum of Rs.25,000 each, with two sureties each in the like amount, to the satisfaction of the A.C/Duty Magistrate, Toba Tek Singh. M.I./M-166/S Bail granted