ABDUL AZIZ Versus THE STATE

ORDER

Case F.I.R. No.213 of 1996 was recorded on the statement of Abdul Khaliq brother of Abdul Malik deceased alleging inter alia, that the petitioner Abdul Aziz along with his companion Hanif came to the place of occurrence on a motorcycle. Muhammad Hanif was armed with gun whereas the petitioner was empty-handed. Abdul Aziz petitioner raised Lalkara that the deceased and the complainant party would be taught lesson for forcibly taking turn of water of the petitioner, on which Muhammad Hanif opened fire hitting Abdul Malik on his right and left legs. The case was initially registered under section 324/34, P.P.C. on 28-8-1996. Subsequently on expiry of Abdul Malik, section 302, P.P.C. was substituted on 29-8-1996.

2. It is submitted on behalf of the petitioner that he has been attributed only a proverbial Lalkara; he was empty-handed and did not inflict any injury on the person of the deceased; and that the question of his vicarious liability will be determined at the time of trial. Learned counsel appearing on behalf of the, complainant has strongly opposed the grant of bail on the ground that the turn of water according to the petitioner belonged to him, therefore, it was he who had the motive. It is further submitted that Muhammad Hanif subsequently got recovered the fire-arm belonging to his friend. Lastly it is submitted that the Lalkara attributed to the petitioner is not merely a proverbial but amounted to effective exhortation.

3. Without making any comments on the submissions made by the parties, I am of the view that the question of vicarious liability or act in furtherance of common intention will be more appropriately established after holding trial, as such the case against the petitioner becomes that of further inquiry. Therefore,. the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs.1,00,000 (Rupees one lac) with two sureties each in the like amount to the satisfaction of the trial Court.

N.H.Q./A-115/L Bail allowed.