' This is an application for bail on behalf of Riaz, Khan alias Kakki, Ghulam and Shamir petitioners in a case under section 302/307/ 324/148/149, P.P.C., registered at Police Station Dera Rahim, District Sahiwal, vide F.I.R No,170 dated 21-10-1981.
2. The prosecution case is that the petitioners alongwith two others in furtherance of their common object launched murderous assault and thereby caused the death of Muhammad Yar and injuries to five prosecution witnesses.
3. So far as the petitioners are concerned, it is alleged that Riaz and Khan petitioners armed with Dangs and Ghulam and Shamir petitioners armed with hatchets, with their co-accused came to the spot, opened the attack. Riaz petitioner caused simple injury to Khan Muhammad P.W. Khan Muhammad petitioner caused simple injuries to Muhammad Sarwar, Ghulam petitioner caused simple injuries to Khan Muhammad and Shamir petitioner caused injuries to Kamir alias Amir with his Dang.
4. Learned counsel for the petitioners submits that there are not reasonable grounds for believing that the petitioners have committed offences punishable under section 302/307/324/148/149, P.P.C.
And that the question of their vicarious liability, in the peculiar circumstances of the case needs serious consideration. He further submits that the injuries found on the person of Shamir have been suppressed in the F .1. R .
' As against this the learned State counsel assisted by the learned counsel for the complainant have seriously opposed this application. He contended that section 149, P.P.C. Is in full force attracted against the petitioners inasmuch as that they came armed with their co-accused, they raised lalkara, took active part in the commission of the crime. He further submits that Shamir petitioner, in fact, is a principal accused. He had threatened the deceased a day earlier and, it was in prosecution of that threat that the attack was launched upon the complainant party and his injury proves his presence at the time of occurrence. The learned counsel for the complainant explains that the injury found on the person of Shamir has not been suppressed rather the same has been explained by the complainant in his supplementary statement and all the eye-witnesses in their statements recorded under section 161, Cr.P.C. Have stated that Shamir petitioner received injury during the incident at the hand of Kamir alias Amir P.W. In self-defence.
5. After hearing the learned counsel for the parties I find that (i) both sides received injuries during the incident. Shamir petitioner received three injuries including one grievous injury on his finger;
(ii) that the petitioners did not cause any injury to the deceased and that so far as Shamir petitioner is concerned although, he had a direct motive to kill the deceased yet he did not cause any injury to him. In these circumstances, I am of the opinion that the question of the vicarious liability of the petitioners requires further inquiry. The petitioners namely Riaz, Khan alias Kakki, Ghulam and Shamir are allowed bail subject to their furnishing bail bonds in the sum of Rs,20,000 (Rupees Twenty Thousand) each with one surety each in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate, Sahiwal.
' Needless to add that the expression of opinion, if any being a tentative one, will not influence the trial of this case.