2009 PLP 1977 (YLR)

S. ALI HASSAN RIZVI, J.

The petitioners seek bail after arrest in case F.I.R. No.397 of 2008 dated 9-10-2008 for offences under sections 436/337-H(2)/ 148/149, P.P.C. registered at Police Station Saddar Sangla Hill, District Nankana Sahib.

2. According to the F.I.R., the petitioners with their co-accused on 9-10-2008 set at fire to the house of the complainant by sprinkling of petrol and kerosene oil and also resorted to aerial firing. They also removed the roof material of the house of the complainant.

3. It is argued by learned counsel that in fact the complainant is accused in the murder of one Bashir F.I.R. No. 396 of 2008 under section 302/34, P.P.C. That according to the F.I.R. accused had left their abodes on account of fear of arrest, therefore, the question to put at fire to their houses does not arise. That the complainant with mala fide and in order to make out a parallel case has involved the petitioner in case whereas no overt act is assigned to them. It is also argued that 16 persons have been found innocent. That petitioner No.2 Manzoor Hussain was on duty in a sugar mill and the documentary proof of his attendance has not been believed by the investigator with mala fide. That no recovery has been effected from him.

4. Of course, learned DPG assisted by learned counsel for the complainant opposed all these grounds.

5. Heard. According to the result of investigation, the offence has been established against the petitioners. Although the recovery was effected from the co-accused but recovery of plastic cane was effected from petitioner No.2 Manzoor Hussain. Police also recovered many articles including roof material and burnt material of a large number of articles. The recovery of empties at large scale has been effected. The 15 live cartridges and .44-bore rifle was effected from Manzoor Hussain petitioner No.2. The role of the petitioners to be members of unlawful assembly in prosecution of common object and the commission of the offence has been established and the petitioners have not agitated for transfer of investigation. The object to burn the house of the complainant and to put at fire by sprinkling petrol and kerosene oil has been achieved. The recovery of empties prima facie for resorting to aerial firing connects with the offence. It also transpires the petitioners have traveled beyond their object and burnt every thing of the complainant. The mere denial of participation with any overt act was not sufficient to hold they were not vicariously liable for act done by every member of the unlawful assembly, because participation in the occurrence armed with deadly weapons would be sufficient. The offence allegedly has taken place in a dreadful manner and keeping in view ferocity of attack, use of firearm existence of criminal intention and element to the prior concert of mind, the case is not fit for grant of bail. Dismissed. H.B.T./G-63/L Bail refused.