MUHAMMAD RIAZ Versus STATE

ORDER

The petitioner is one of the accused in a case registered vide F.I.R. No.98/92 dated 23-10-1992 at Police Station Gandasing Wala, District Kasur, under section 302/148/149/109, P.P.C.

2. According to the F.I.R., in brief, the petitioner is alleged to have caused an injury to the deceased with Sota.

3. The learned counsel for the petitioner and the State were heard at length in respect of the contentions raised herein. Admittedly, the occurrence had taken place at 12-30 p.m. whereas the case was registered at 4-15 p.m. after the deceased had been taken to the hospital and his medico-legal report was obtained at 1-40 p.m. In addition thereto, the only blunt weapon injury attributed to the present petitioner is 2 c.m. x 2 c.m. and simple in nature. Furthermore, as pointed out by the learned counsel for the petitioner, as the case had been registered after obtaining the medico-legal report, therefore, every injury has been separately attributed to each of the accused and that, therefore, it was contended on behalf of the petitioner that there being a single abrasion injury, it was attributed to the petitioner after premeditation. Under such facts and circumstances, it is hereby observed that the vicarious liability of the petitioner for the offences alleged is yet to be determined by the learned trial Court and that injury attributed to him being simple and mere abrasion of 3 c.m. x 2 c.m., he is hereby held to be entitled to bail in accordance with the principle laid down by the Honourable Supreme Court of Pakistan in P L D 1972 SC 81 and P L D 1972 SC 277, to the effect that neither the law is to be stretched in favour of the prosecution nor the bail is to be denied as punishment. In addition thereto, it was confirmed on behalf of the State that the petitioner is no longer required by the police and that he is neither a previous convict nor a hardened criminal and that he has been in the judicial custody for more than 10 months.

4. Therefore, in view of what has been stated above, the petitioner is hereby allowed bail in the sum of Rs.30,000 with two sureties in the like amount to the satisfaction of the A.C./Duty Magistrate, Kasur.

N.H.Q./M-1178/L Bail allowed.