' SARDAR TARIQ MASOOD, J.---This order will dispose of Criminal Miscellaneous No,2188-B of 2009 filed by Shabbir Ahmad and Maqsood Ahmad petitioners and Criminal Miscellaneous No,2297-B of 2009 filed by Muahmmad Asghar petitioner today in which notice was issued to the complainant and State for today, both petitions arising in case F.I.R. No,286 dated 22-8-2009 registered under sections 302/324/337-A(i)(v)/452/148/149, P.P.C. At Police Station B-Division District Rahimyar Khan.
2. Briefly, the allegations against the petitioners and their co- accused are that they forcibly entered into the house of the complainant duly armed with deadly weapons and caused injuries on the, person of P. Ws. With hatchet, knife and sotis and also committed the murder of Muhammad Sharif.
' It is mentioned in the F.I.R. That Mehboob accused gave soti blow on the head of Mst. Fatima Bibi whereas Nasir gave khanjar blow to Mst. Fatima Bibi hitting on her right palm. Thereafter, the allegation against Shabbir Ahmad (wrongly mentioned as Bashir Ahmad in the F.I.R.) and Maqsood Ahmad along with 18 other persons are to have caused injuries to Mst. Fatima Bibi, Muhammad Ayaz, Imran Ali, Hafiz Shehbaz and Fayyaz Ahmad.
3. Learned counsel for Shabbir Ahmad and Maqsood Ahmad petitioners contends that the joint allegations of causing injuries against 10 nominated and 10 unknown persons were made in the F.I.R. For causing injuries to Mst. Fatima, Ayaz, Shehbaz, Imran and Fayyaz and no specific injury is attributed to any one. Further contends that according to the Medico Legal report, there are two blunt weapon injuries on the person of Fayyaz Ahmad, one blunt weapon on the person of Ayaz, whereas one blunt weapon on the person of Imran were found and all these injuries were declared as "Shajjah-i-Khafifah" and according to the medical report of Shehbaz, there are 3 blunt weapon injuries on his person, one declared as "Shajjah-i-Khafifah" and two declared as "Ghair Jaifah Damiyah" whereas the medical report of Mst. Fatima, there are 3 blunt weapon injuries, out of which one was declared as "Shajjah-e-Khafifah" and other as "Ghair Jaifah Damiah" and third one as "Ghair Jaifah Hashimah" and the injury declared as "Ghair Jaifah Hashimah" was already attributed to Nazir Ahmad co-accused specifically. Further contends that according to the F.I.R., Shabbir Ahmad was armed with dagger. Out of these 5 injured P.Ws., nobody received any sharp edged weapon injury: Also contends that on the person of Mst. Fatima Bibi, two injuries were already specifically attributed to other co- accused and rest of the injuries on the person of these 5 injured P. Ws. Are 8 in number and the same were attributed to 20 accused persons, so the injuries sustained by the prosecution witnesses, according to their Medico Legal reports did not commensurate with the number of the accused and the blow ascribed to them. Lastly contends that the petitioners are not attributed any injury to the deceased.
' Learned counsel for Muhammad Asghar petitioner contends that the petitioner is not nominated in the F.I.R. It is mentioned in the FIR that 10 unknown persons which could be identified by the complainant but subsequently through a supplementary statement, the petitioner was involved in this case and the complainant did not give any source of his knowledge regarding the name of the petitioner. Further contend that no identification parade was conducted and no specific allegations were levelled against the petitioner. Also contends that his co-accused Shafique Ahmad and Muhammad Afzal alias Jumma who were also involved through a supplementary statement were allowed bail by the learned Additional Sessions Judge vide order dated 9-10-2009.
4. On the other hand, learned Additional Prosecutor-General for the State and the learned counsel for the complainant opposed the bail while contending that the petitioners are nominated in the prompt F.I.R. And in this case, one person was murdered and 7 persons were injured including the ladies. Further submits that the recovery of dagger and soti were effected from Shabbir Ahmad and Maqsood Ahmad petitioners. Lastly, submits that the challan was prepared on 27-9-2009.
5. Heard. Record perused.
6. Admittedly, the petitioners are not attributed any injury or overt act towards the deceased nor it is alleged that they even touched the deceased.
' According to the F.I.R., Shabbir Ahmad petitioner was armed with dagger but according to Medico Legal reports of the above mentioned five injured persons, there was do sharp-edged injury on their person, so the allegation of causing injury with dagger is belied by the medical evidence which fact by itself makes the case of the petitioner Shabbir Ahmad to be of further inquiry.
' In the F.I.R., two specific injuries upon Mst. Fatima Bibi were attributed to co-accused. Thereafter, the allegations against 20 accused persons for causing injuries to Mst. Fatima Bibi, Ayaz, Imran, Shehbaz and Fayyaz Ahmad but according to the medical reports, these 5 injured persons received only 8 injuries (other than specified) which were declared simple in nature, so the injuries sustained by the prosecution witnesses according to the medico legal reports did not commensurate with the number of the accused and the blows ascribed to them.
' It is held by the Hon'ble Supreme Court while granting bail in the case of Abdul Aziz v. The State (1996 SCM R 1693) that "accused admittedly had not caused any injury to the deceased and the knife injury allegedly caused by the prosecution witness according to medical evidence was simple in nature." The same view was in the cases of Kabeer Ahmad and another v. State 2008 M LD 1293 (Muhammad Akram v. The State (2005 PCr.LJ 596), Mehar and another v. The State (2000 PCr.LJ 1178), Liaquat Ali v. The State (2008 M LD 102), Lallo v. The State (2003 M LD 1159) and Muhammad Saeed v. The State (1997 M LD 1371).
In the present case, the allegation against the petitioners at the most could be that they caused simple injuries on the person of the prosecution witnesses which although were not specifically mentioned but the alleged injuries fell under sections 337-A(i), 337-F(ii) or F(iii) PPC to which prohibitory clause of section 497 Cr.P.C. Was not attracted and in such situation, when the petitioners are not attributed any injury to the deceased and in the said circumstances as to how they could be held vicariously liable for the offence under section 302, P.P.C. Called for further inquiry.
' So far Muhammad Asghar petitioner is concerned, he is not nominated in the F.I.R. And no identification parade was conducted and the complainant had not given any source how he came to know about A the name of the petitioner. Co-accused Shafique Ahmad and Muhammad Afzal alias Jumma are also not nominated in the F.I.R. Were allowed bail by the learned Addl. Sessions Judge vide order dated 9-10-2009 and the case of Muhammad Asghar petitioner is completely at par with that of his co-accused who had already been allowed bail and the courts always favoured the accused on the ground of principle of rule of consistency. Reliance is placed upon the cases of Muhammad Fazal alias Bodi v. The State (1979 SCM R 9), Khadim Hussain v. The State (1983 SCMR 124), Manzoor Ahmad and others v. The State (PLJ 1999 Cr.0 (Lahore) 570) and Muhammad Daud and another 'v. The State and another (2008 SCM R 173).
7. Resultantly, in the above circumstances and in view of the above mentioned case law, this petition is allowed and the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs.1,00,000 (Rs. One lac only) each with one surety each in the like amount to the satisfaction learned trial Court.