1. ' This is an application on behalf of Zaheer Ahmed for bail in a case under sections 302/307 and 34, P.P.C.
2. ' Briefly stated the facts of the prosecution case are that on 27-9-1984 at 6.30 p.m. One Saleem was going towards Odeon Cinema to purchase household articles. On the way Bashir Ahmed, Mastoo alias Ghulam Mustafa Waseer, Naeem Ahmed, Zaheer Ahmed and Mian Gul abused and assaulted him. Saleem went and informed his brother complainant Niaz Ahmad. Thereafter complainant Niaz Ahmad, his brother Ashik All and cousins Anwar Ali, Mumtaz Ali and Deedar Shaikh alongwith Saleem went to Bashir Ahmed and his companions just to settle the dispute but suddenly they took out knife and Chhuris from the folds of their trousers and started giving blows to them. It is stated that Naeem and Mian Gul inflicted knife blows to Deedar Shaikh. Zaheer, Mastoo alias Ghulam Mustafa and Bashir caused injuries to complainant, Anwar and Saleem. At the time of incident it is alleged that Zaheer was armed with Lathi while others had Chhuris. The case under section 307/34, P.P.C. Was registered at 18-45 a.m. As Crime No, 127/84 at Police Station Phuleli District Hyderabad.
3. Deedar Shaikh died afterwards and case was challaned under section 302/34, P.P.C.
4. ' Shaikh Rehman Bux, Advocate for the applicant contended that allegations against the applicant Zaheer is that he caused Lathi blows to complainant and Anwar whereas according to medical report only one simple injury by blunt weapon was found on injured Anwar. His contention is that applicant is only responsible for causing one simple blow to Anwar therefore he is entitled to bail.
5. He has further submitted that this incident took place near the house of Zaheer Ahmad and according to F.I.R. Injured and others went to that place.
6. ' Rehman Baksh has referred to the cases reported in 1978 SCM R 146; 1978 SCM R 7; 1983 P Cr. L J 127; 1982 P Cr. L J 2443 and 1984 P Cr. L J 436.
7. ' Mr. Mangi has opposed the bail application and stated that in this case Deedar Shaikh died and as many as four others namely Niaz Ahmed complainant, Anwar, Mumtaz and Saleem sustained injuries therefore applicant is responsible for vicarious liability as provided under section 34, P.P.C. I have perused the Police papers and gone through the authorities cited by Mr. Rehman Bux. The allegations against Zaheer Ahmed is that he was armed with Lathi and caused injuries to complainant and Anwar whereas no injury by blunt weapon was found on the person of complainant. It is admitted in F.I.R. That shortly before this incident there was scuffle between the parties and complainant party went to Bashir where all the accused were present. It is also an admitted position that other accused are responsible for causing knife injury to deceased as well a to Niaz Ahmed, Mumtaz and Saleem and the case of the prosecution is that they were armed with Chhuris. At this stage I am of the opinion that the case of the present applicant is distinguishable to those who were armed with Chhuris and caused so many injuries to the deceased and the injured.
8. He is not presently responsible for causing any injury to the deceased.
9. Considering all the circumstances and the case-law cited above I am inclined to extend concession of bail to applicant Zaheer Ahmed. He is admitted to bail on furnishing one surety in the sum of Rs,50,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.