1984 P Cr (PLP)
FARID BAKHSH AND ANOTHER-Petitioners Versus THE STATE-Respondent
| Citation | 1984 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Munir Khan, J |
| Parties | FARID BAKHSH AND ANOTHER-Petitioners Versus THE STATE-Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1984 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1984 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Muhammad Munir Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1984 P Cr (PLP) (FARID BAKHSH AND ANOTHER-Petitioners Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Iqbal Ahmad Malik for Petitioners.
Headnotes / Summary
S. 497 read with Penal Code (XLV of 1860), S. 149-Bail, grant of - [Murder-case] - Vicarious liability, question of-Petitioners allegedly armed with sotas yet causing no injury to deceased and being held responsible only for abetment of offence-Question of vicarious liability, held, required further inquiry in circumstances of case-Bail allowed.
Judgment & Decree
S. 497 read with Penal Code (XLV of 1860), S. 149-Bail, grant of - [Murder-case] - Vicarious liability, question of-Petitioners allegedly armed with sotas yet causing no injury to deceased and being held responsible only for abetment of offence-Question of vicarious liability, held, required further inquiry in circumstances of case-Bail allowed. Iqbal Ahmad Malik for Petitioners. This is an application for bail on behalf of Farid Bakhsh and Muhammad Sadiq petitioners, in a case, under section 302/148/159, P. P. C. registered at Police Station Seetpur, vide F. I. R. No. 79, dated 5th September, 1981. 2. The prosecution case is that the petitioners alongwith 6 others in furtherance of their common object caused the death of Muhammad Bakhsh, on 5th September, 1981 at 3 p. m in the area of Mauza Muradpur South. 3. As for the petitioners, it has been alleged that they were armed with sotas and caught hold of the deceased in order to facilitate their co-accused namely, Hazoor Bux, Gul Muhammad and Ghulam Akbar to inflict injuries on the person of the deceased and thereby caused the death. 4. The learned counsel for the petitioners contends that the peti tioners had not caused any injury to the deceased and in the circumstances of the case it cannot be believed that they would have caught hold of the deceased at the time of the infliction of injuries on his person by the co- accused. On the other side the learned State counsel has seriously opposed this application. He submits that section 148/149, P. P. C. stands clearly attracted to the case of the petitioners. 5. After hearing the learned counsel for the parties I find that al though the petitioners were armed with sotas and could easily inflict injuries on the person of the deceased yet they did not cause any injury to him and the allegation against them is that of abetment. 6. Without expressing any opinion on the merit of the case, I am of the opinion that the question of the vicarious liability of the petitioners in the peculiar circumstances of the case needs further inquiry. The petitioners are allowed bail subject to their furnishing bail bonds in the sum of Rs. 20,000 (Rs, twenty thousand) each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Alipur. S. G. D. Rail granted,