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Petitioner: JAN MUHAMMAD VS Respondent: THE STATE
1986 P Cr
1986 P Cr. L J 2677
[Lahore]
Before Muhammad Munir Khan, J
JAN MUHAMMAD‑‑Petitioner
Versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 291/1 of 1986, decided on 22nd April, 1986.
Criminal Procedure Code (V of 1898) -
‑‑‑S. 497--‑Penal Code (XLV of 1860), Ss. 302 & 307/34‑‑Bair, grant of‑‑Vicarious liability‑‑Accused causing simple injury to witness and no injury to deceased‑‑Question of his vicarious liability, held, required further inquiry in circumstances‑‑Bail allowed.
Asif Saeed Khan Khosa, Bar‑at‑Law and Sardar Faiz Muhammad Khosa for Petitioner.
Javed Masood for the State.
ORDER
This is an application for bail by Jan Muhammad petitioner in case under section 302/307/34, P.P.C. registered at P.S. Rajanpur vide F.I.R. No. 213/85, dated 9‑10‑1985.
2. The prosecution case is that the petitioner and three others in furtherance of their common intention
launched murderous assault on Allah Wasaya and Allah Bichaya and thereby caused the death of Allah Wasaya and simple injuries to Allah Bichaya. As for the petitioner, it has been alleged that he had caused simple injury to Allah Bichaya during the occurrence.
3. The learned counsel for the petitioner submitted that the petitioner has been falsely involved in the case; that even allegedly he did not cause any injury to the deceased and that there are allegations that he caused simple injuries to the P.Ws. The learned counsel for the State has opposed the plea of bail of the petitioner:
4. I have considered the submissions made by the learned counsel for the parties with care. I find that the petitioner had not caused any injury to the deceased, that he allegedly caused simple injury to Allah Bichaya with stick and that in the peculiar circumstances of the case, the question of his vicarious liability requires further enquiry.
5. For what has been said above, the petitioner is allowed bail in the sum of Rs.1,000 with it one surety in the like amount to the satisfaction of his Assistant Commissioner/ Duty Magistrate, Rajanpur.
S. A. ‑‑‑‑ Bail granted.