MUHAMMAD JAVAID Versus THE STATE

This is an application for grant of bail to Muhammad Javaid petitioner in a case under section 302/148/149, P.P.C. registered at P.S. Saddar Hafizabad, vide F.I.R. No. 220/87, dated 8th July, 1987.

2. The prosecution case is that the petitioner and 5 others, in furtherance of their common object launched murderous assault on Muhammad Arif and Allah Bakhsh and thereby caused the death of Muhammad Arif and injuries to Allah Bakhsh.

As far the petitioner it has been alleged that he was armed with Sota and caused three injuries to Allah Bakhsh P.W.

3. Learned counsel for the petitioner submits that the petitioner did not cause any injury to the deceased and that the grievous injury found on the person of Allah Bakhsh cannot specifically be attributed to the petitioner. Learned counsel for the State has opposed this application on the ground that the petitioner is vicariously liable for the death of Muhammad Arif.

4. I have considered the submissions made by the learned counsel~, for the parties with care. I find that Javed petitioner did not cause any injury to the deceased; that he allegedly caused 3 injuries with Sota on the back of chest of Allah Bakhsh; that there are 4 injuries on the back of Allah Bakhsh all caused by blunt weapon and as such it cannot be said with certainty that the grievous injury was caused by the petitioner and that the three persons of the side of accused party were also injured during the occurrence and they received a5 many as 10 injuries caused by sharp-edged as well as by blunt weapon but their injuries have been suppressed in the F.I.R.

For what has been said above, I feel that a case for grant o: bail to the petitioner has been made out. He is, therefore, allowed bail in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Hafizabad.

S.A./M-633/L Bail granted.