ABDUL MAJID Versus THE STATE M. Asghar Rokhari , Shahid Qadri, S.M. Hamid Ali

ORDER

The petitioner alongwith his brothers Abdur Rahim and Abdul Karim stands charged with the murder of Safia Iqbal deceased, aged 11/12 years.

2. The prosecution case is that on 27‑8‑1985 Mehar Khan real brother of Ghulam Hussain complainant objected to the passing of Abdul Karim accused in front of his house because of the suspicion of his illicit intimacy with his daughter. This led to an exchange of abuses between Mehar Khan and Karim‑ Shortly thereafter Abdul Karim accompanied by his brother Abdul Majid petitioner and Abdul Rahim while armed with guns arrived at the scene of offence and started firing towards them which did not hit any body. Ghulam Hussain went to his house and brought his licensed gun whereupon Abdul Rahim accused fired at him which instead of hitting him hit his niece Mst. Safia Iqbal which proved fatal. The complainant also fired some shots in his self‑defence.

3. Bail is urged on the ground that only ineffective firing is attributed to the petitioner and that the alleged recovery of the gun at his instance which is not connected was considered to be doubtful by the A.S.P. who had carried out the investigation. It is further stated that the motive is attributed to him and he has been implicated being real brother of Abdul Rahim. He is said to be a school teacher having no previous criminal history.

4. Learned counsel for the complainant and the State have strenuously opposed the bail application. According to them he is vicariously liable for the offence because at the material time he was armed with a gun from which he fired shots.

Since only ineffective firing is attributed to the petitioner and no specific motive is attributed to him the question of his sharing the common intention needs further inquiry. Accordingly, I admit him to bail in the sum of Rs. 35,000 with two sureties in the like amount to the satisfaction of A.C. Mianwali.

M.Y.H. Bail allowed.