2002 PLP 2222 (YLR)

‑‑‑‑S. 497(2)‑‑‑Penal Code (XLV of 1860), Ss.302/324/148/149‑‑‑Bail‑‑‑Three accused had also suffered fire‑arm and blunt weapon injuries during the occurrence‑‑‑Police had also recorded a cross‑version and a challan against the complainant party was also being sent up for trial‑‑‑Accused admittedly had not caused any injury to the deceased and had allegedly alongwith others caused blunt weapon injuries to the prosecution witnesses most of which were simple in nature‑‑ Injuries sustained by two accused were not mentioned in the F.I.R.‑‑‑Case was of two version in which both the parties had received injuries‑‑‑Vicarious liability of the accused with the co‑accused who had caused fire‑arm injuries to the deceased could be determined by the Trial Court after recording evidence at the trial‑‑‑Allegations again the accused needed further probe within the purview of S.497(2), Cr. P. C. ‑‑‑Accused were admitted to bail in circumstances. Sahibzada Farooq Ali for Petitioners. Kamran Bin Latif for the State. The petitioners have sought their post‑arrest bail in case F.I.R. No.524 registered at Police Station Noor Shah, District Sahiwal on 23‑9‑2001 for offences under sections 302/324/148/149, P.P.C.

2. According to the F.I.R. nine persons out of whom two were armed with rifle and a gun caused injuries on the person of Lal Khan and other P.Ws. with their respective weapon. Lal Khan succumbed to the fire‑arm injuries while P.Ws. Noor Ahmad, Bashir Ahmad, Zahoor Ahmad and Muhammad received blunt weapon injuries at the hands of the petitioners and other co‑accused. It was further stated in the F.I.R. that during the occurrence Hashmat accused got injured due to firing of co‑accused.

3. I have heard the learned counsel for the parties and have also gone through the record of the case. Hashmat Ali, Nosher Ali, and Hamid Ali accused also suffered injuries during the occurrence. Hashmat Ali and Hamid Ali received tire‑arm injuries while Nosher received injuries with a blunt weapon. A cross‑version was also recorded by the police and stately a challan against the complainant party was also being set up for trial. Admittedly, the petitioners did not cause any injury to the deceased and the allegation against them is that they alongwith the other accused caused blunt‑weapon injuries to the P.Ws. Only one injury on the person of P.W. Muhammad resulted in the fracture and that too of the little finger. The rest of the injuries were simple in nature. The injuries on the person of Nosher and Hamid Ali accused were not mentioned in the F.I.R. and it was not specified as to who caused injuries out of the accused on the person of Hashmat Ali accused. It is a case of two versions in which both the parties received injuries. Whether the petitioners shared the common intention with the accused who caused fire‑arm injuries to the deceased would be decided by the learned trial Court after recording the evidence.

4. In these circumstances the allegation vis‑a‑vis the petitioners needs further probe and inquiry within the purview of subsection (2) of section 497, Cr.P.C. Therefore, I admit the petitioners to bail subject to their furnishing bail bonds in the sum o Rs.1,00,000 (Rupees one hundred thousand only) each with one surety each in the like amount to the satisfaction of the learned trial Court. N.H.Q./A‑550/L Bail allowed.