2006 P Cr (PLP)

M. BILAL KHAN, J.

Muhammad Sharafat Ali son of Khan Muhammad and Badar Abbas son of Muhammad Akram, the petitioners, by filing Criminal Miscellaneous Nos.3377/B and 3799/B of 2005, respectively seek post-arrest bail in case F.I.R. No.452 of 2004, dated 16-11-2004, registered at Police Station Baraghar, District Sheikhupura for offences under sections 302, 324, 148, 149, P.P.C. at the instance of Mahmood Khalid son of Muhammad Anwar, brother of Muhammad Sajid deceased.

2. Precisely the case of the prosecution as contained in the F.I.R. was that Sharafat Ali, Badar Abbas (petitioners), armed with guns, and their co-accused, namely, Tajammal Hussain, Sher Muhammad, Muhammad Iqbal, Sabir Abbas, armed with rifles, Muhammad Farooq, armed with kalashnikov, Muhammad Tariq, armed with Mark-4, Umar Hayat, Shaukat Ali, armed with .12 bore guns, Muhammad Aslam, armed with Repeater, Allah Ditta, Barkat Ali and Muhammad Akram, empty-handed, while raising Lalkaras reached the spot. Tajammal Hussain made straight fires with his rifle hitting Muhammad Sajid, who breathed his last instantaneously; the fire shots made by Sharafat Ali (petitioner) and Sher Muhammad struck Nazir Ahmad P.W. on his left arm and grazed his abdomen, respectively; Muhammad Aslam's Repeater fire hit Mst. Kaniz Bibi; Shaukat Ali fired with his .12 bore gun, which hit Allah Ditta son of Shaukat Ali; Muhammad Badar (petitioner) made a fire with his gun, which struck a little girl, namely, Mst. Kalsoom aged 6 years.

3. After having failed to get relief of post-arrest bail from the Court of Session, the petitioners have approached this Court through the present petitions.

4. I have heard the learned counsel for the parties at considerable length and have also gone through the record brought by Ghulam Sarwar, S.-I.

5. The role assigned to Sharafat (petitioner) was that while carrying .12 bore gun he had caused simple injuries to Nazir Ahmed P.W. on non-vital part of his body i.e. left arm. The Medico-Legal Report of Nazir Ahmad does not, disclose the nature of the weapon used for causing injuries Nos.l and

2. Even otherwise according to the opinion of the Investigating Officer, although Sharafat was present at the spot, yet he was empty-handed and had not effectively taken part in the occurrence. Insofar as the role attributed to Badar (petitioner) is concerned, he had allegedly caused a fire-arm injury to a 6 years old child by the name of Mst. Kalsoom Bibi, whose Medico-Legal Report suggests that she received only a minor injury, which too has been caused with a blunt weapon and that there was no fire-arm injury on her person.

6. In view of the extent of damages caused by the petitioners, who were allegedly carrying fire-arms, the applicability of section 324, P.P.C. needs further probe. There is no allegation that they had caused any injury to Muhammad Sajid deceased. No recovery has been effected from them. In these circumstances, I am of the view that the involvement of the petitioners in this case and their vicarious liability calls for further probe within the meanings of subsection (2) of section 497, Cr.P.C.

7. Resultantly, this petition is allowed and the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand) each with one surety each in the like amount to the satisfaction of the learned trial Court.

8. Before parting with this order, I would like to add that observations made herein above are tentative in nature and are not designed to influence the course of the trial. Bail after arrest granted. H.B.T./M-285/L????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.