1987 PLP 1772 (MLD)

Malik Rab Nawaz Noon for the Complainant. Muhammad Nawaz Abbasi. Asstt. A.-G. for the State. Mian Khan and Muhammad Fazil petitioners have moved this petition for bail in a case registered against them and their co-accused under sections 148 and 302/149, P.P. C.

2. The prosecution version is that two days prior to the registration of the case co-accused Mushtaq picked up quarrel with Major Abdul Qayyum deceased over the levelling of the land. Aforesaid co-accused advanced a threat of dire consequences to the deceased if he ever thought of coming to that land. On 31-8-1986 at 11 a.m. the deceased and his brother Liaqat Ali complainant again went to the land to supervise the work being done there. A short while after, while the deceased was standing near the wall of a deserted house, co-accused Mushtaq and Mazhar armed with .12 bore guns, co-accused Ashraf and both the petitioners armed with pistols also came there. Co-accused Mushtaq raised a Lalkara that they had come to finish the deceased and simultaneously fired his gun hitting the deceased on the head and forehead, as a result of which he fell down. Then Mazhar fired his gun hitting the deceased in the chest and the shoulder. Co-accused Mushtaq repeated the fire hitting in the right chest of the deceased. The petitioners and co-accused Muhammad Ashraf also fired their pistols. After the occurrence, all the accused went away towards their brick-kiln while firing in the air.

3. Learned counsel for the petitioners contends that the petitioners are not alleged even to have aimed their pistols at the deceased; there was no community of object with principal accused and there was no recovery of any empty from the spot nor any mark of firing was found anywhere, therefore, their case needs further inquiry. Learned counsel for the complainant and the State, on the other hand, submit that there is nothing in the F.I.R. to show that the firing resorted to by the petitioners was aimless; pistols were recovered from both of them and the allegations prima facie attract the principle of vicarious liability.

4. I have gone through the relevant material and given my careful consideration to the submissions made by the learned counsel for the parties. The prosecution version is that all the accused including the petitioners, after arming themselves with fire-arms, came to the place where the deceased was standing and co-accused Mushtaq raised a Lalkara that they had come to finish him. The complainant or for that matter the eye-witnesses are not shown to have any motive for falsely implicating the petitioners. The allegations prima facie indicate a pre-concert. In, the circumstances, I am not inclined to admit the petitioners to bail at this stage. The petition is dismissed. M.Y.H./M-239/L Petition dismissed.