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Initializing Secure Chambers
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Initializing Secure Chambers
1994 P Cr
1994 P Cr. L J 941
[Lahore]
Before Khalid Paul Khawaja J
SADIQ and 2 others---Petitioners
Versus
THE STATE---Respondent
Criminal Miscellaneous No.1386/B of 1992, decided on 3rd November, 1992.
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), S.302/379/337-A/337-F(iii)/148/149-- Bail, grant of---Accused had not caused any injury to the deceased---Injuries suffered by the complainant were simple in nature---One of the accused was an old man of about 65/70 years---Vicarious liability of the accused for other injuries caused to deceased during the occurrence could be determined by the Trial Court---Accused were admitted to bail in circumstances.
Altaf Ibrahim Qureshi for Petitioners.
Ataullah Khan for the State.
Muhammad Javed Iqbal Adam for the Complainant.
ORDER
On 19-4-1992 at Police Station Burjwala; Tehsil and District Sahiwal a case under sections 302, 379, 337-A, 337-F(iii), 148, 149, P.P.C. was registered at the instance of Riaz Ahmad complainant against Sadiq, Haji Ahmad, Bashir Ahmad petitioners and seven others.
2. It was alleged that the aforesaid accused while variously armed had attacked and injured Riaz Ahmad, Amir Sadiq P.Ws. and Muhammad Iqbal deceased the brother of the complainant. The deceased succumbed to his injuries. The motive for the occurrence was stated to be a dispute between the parties over some land.
3. Sadiq, Haji Ahmad and Bashir Ahmad petitioners, who were arrested on 8-5-1992, have applied for their post-arrest bail.
4. I have heard the parties learned counsel and have also gone through the record.
5. Learned counsel for the petitioners at the very outset does not press this application on behalf of Haji Ahmad which to that extent is dismissed as having been not pressed.
6. The roles attributed to the other two petitioners are that Sadiq petitioner had inflicted two Dang blows to Sadiq P.W. while Bashir Ahmad, petitioner had caused injuries to Riaz complainant. According to the medico legal report Sadiq P.W. had suffered four injuries out of which two were declared grievous. It is not specifically stated as to who had inflicted the said grievous injuries. All the injuries suffered by Riaz complainant were simple in nature. None of the petitioners caused any injury to the deceased. Sadiq petitioner is stated to be an old man of about 65/70 years. As only simple injuries have been attributed to Bashir Ahmad and Sadiq petitioner is an old man I am of the opinion that they are entitled to the concession of bail. It would be for the trial Court to see if they were vicariously liable for the other injuries caused during the occurrence. Accordingly they are admitted to bail in the sum of Rs.20,000 each with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Sahiwal.
7. Petition disposed of.
N.H.Q./S-400/L Bail allowed.