NUSRAT JAFFERY Versus SHAFI AHMAD

ORDER

Office objection is over ruled.

2. Exemption is granted with all just exceptions.

3. The applicant is facing trial in Crime No.73/92 of Police Station Khanpur, District Shikarpur, which was recorded on 28‑8‑1992 at the instance of a complainant Dad Muhammad. According to him four persons tried to steal the buffaloes from his compound and he identified two of them, namely, Bahawal and Khuda Bux the latter being the applicant in the present bail application. It is alleged that when complainant and his brother Juno challenged the culprits, Bahawal fired and hit complainant's brother in the region of the chest. All the culprits are stated to have made their escape good. The applicant surrendered in Court on 19‑10‑1992 whereas co‑accused Bahawal was arrested on 13‑9‑1992. The bail application was dismissed by the learned Civil Judge and F.C.M.. Khanpur on 26‑10‑1992.

After hearing learned counsel of the applicant and learned A.A.‑G. I am of the view that whereas the applicant cannot escape his vicarious liability under section 34, P.P.C. for the firing by which brother of complainant was injured still a case of the applicant can be distinguished from the case of co accused Bahawal and I would grant him bail in the sum of Rs.50,000 and P.R. bond in the like amount to the satisfaction of Sessions Judge, Shikarpur.

N.H.Q./K‑373/K Bail granted.