' The petitioner Rasool Khan along with his son Shafiq-ur-Rehman stands challenged for Committing murder of Muhammad Amin and murderous assault on Pervaiz Iqbal, P.W. who having remained unsuccessful before the Sessions Judge, has approached this Court for the grant of concession of bail, hence this petition.
2. According to the prosecution Muhammad Amin deceased was attacked by Shafiq-ur-Rehman with Chhuri on exhortation of Khakhi Jan and Paee Khan, when the former was coming out of the bus at bus stand Chak No, 23/10-R. Pervaiz Iqbal tried to intervene but he was given a stick blow by the petitioner, whereafter Shafiq-ur-Rehman gave him a Chhuri blow in his flank.
5. During the investigation Khakhi Jan and Paee Khan co accused of the petitioner were declared innocent. However, the petitioner as well as his son Shafiq-ur-liehman the main accused have been arrested and challenged.
3. It is contended on behalf of the petitioner that he is old man of 60 years of age and have been involved in the case because his son Shafiq-ur-Rehman allegedly caused the death of Muhammad Amin and injured Pervaiz Iqbal. It is further stated that according to the prosecution the petitioner gave only simple hurt to Pervaiz lqbal P.W. As against this learned counsel for the State has vehemently opposed this petition on the ground that the petitioner was present at the spot and has raised a Lalkara instigating his son to kill Pervaiz lqbal and, therefore, he was vicariously liable for the offences of murder and murderous assault.
4. I have considered contentions of the learned counsel for the petitioner as well as for the State and also perused the record.
5. Admittedly there is no allegation that Shafiq-ur-Rehman (son of the petitioner) had caused fatal injury to Muhammad Amin deceased on the Lalkara raised by Rasool Khan, rather the allegation in F.I.R. is that Shafiq-ur-Rehman gave simple injury to Pervaiz lqbal at the Lalkara of the petitioner. In the circumstances, the question whether the petitioner is vicariously guilty or otherwise of the offence of murder and murderous assault needs further inquiry. Consequently I allow this petition.
The petitioner is directed to be released on bail subject to his furnishing bond in the sum of Rs, 20,000 (Rupees twenty thousand only) with one surety in the like amount to the satisfaction of the A.C./Duty Magistrate, Khanewal.