This is application for bail on behalf of Jan Muhammad, Faiz Bakhsh and Khadim Hussain petitioners in a case under section 302/147/ 148/149, P.P.C. Registered at P.S. Musafir Khana, vide F.I.R. No.71/84, dated 2-6-1984.
The prosecution case is that the petitioners and others in furtherance of their common object launched murderous assault on Muhammad Ramzan and thereby caused his death. As far the petitioners it has been alleged that they encircled the deceased and caught hold of him in order to facilitate the infliction of injuries by their co-accused namely Bashir Ahmad.
3. The learned counsel for the petitioners submits that the petitioners were empty-handed and they did not cause any injury to the deceased.
Conversely, the learned counsel for the State assisted by counsel for complainant has seriously opposed the application on the ground that there are specific allegations .Of facilitation of the crime against the petitioners. Had the petitioners not encircled and caught hold of the deceased the co-accused would not have murdered the deceased.
4. I have considered the arguments advanced by the learned counsel for the parties with care. I find that there was a dispute over the possession of some land; that the petitioners were empty- handed at the time of occurrence; that they did not cause any injury to the deceased; that the allegations are that They encircled and caught hold of the deceased and the co-accused inflicted injuries on his legs.
5. For what has been found above, I am of the view that the questions of the vicarious liability of the petitioners and the nature of the offence whether the same would be punishable under section 302 or 304/326, P.P.C. Needs enquiry within the meaning of section 497 (2), Cr.P.C. They are, therefore, allowed bail in the sum of Rs.10,000 with one surety each in the like amount to the satisfaction of A.C/Duty Magistrate, Bahawalpur.