Manzoor Ahmad and Shah Muhammad petitioners have moved this petition for bail in a case registered against them and their co-accused under sections 148, 302 and 307/149 P.P.C,
2. In the occurrence which took place on 6-12-1988 Sultan and Ahmad Din from the complainant side were murdered and nine others namely, Gut Muhammad, Faryad A.I, Muhammad Fazil, Khalid Ahmad, Mushtaq Ahmad. Akhtar A.I, Amjad, Akram and Khan Muhammad, suffered injuries at the hands of the accused party. Co-accused Nazar allegedly fired at Sultan' deceased while co- accused Muhammad Malik fired at Ahmad Din deceased. From the accused side, Manzur son of Sardar, Faisal, Muhammad Malik, Akram and Wilayat suffered blunt and sharp weapon injuries at the hands of the complainant party.
It is alleged that Gul Muhammad complainant used to irrigate Killa No. 18 of Square No. 38 from a water-course which passed from Killas Nos. 16 and 17 belonging to co-accused Nazar and the petitioners, respectively. Fifteen/sixteen days prior to the occurrence Manzur and Shah Muhammad petitioner demolished that portion of the water-course which passed from their land but the complainant got it restored from the Irrigation Department w.e.f. 5th December, 1988. On the next day at 4-30 p.m. The accused party came armed at the site and attacked the complainant party causing two deaths and injuries to nine persons mentioned above.
3. Learned counsel for the petitioner contends that no overt act has been attributed to the petitioners during the main occurrence; they are not alleged to have caused any injury to the deceased or the PWs and no weapon was recovered from them, therefore, their case needs further inquiry. It is further submitted that a large number of persons suffered injuries during the occurrence but the petitioners did not have even a scratch on their persons which indicates that they had not participated in the occurrence. The learned counsel for the State has opposed the prayer for bail. He submits that the petitioners are vicariously liable for the acts of their co- accused.
4. I have considered the submissions made at the Bar in the light of material available on the record. The only allegation against the petitioners is that they alongwith Irfan and Riaz started demolishing the Khal with Kassies; the complainant dissuaded them from doing so upon which Nazar got provoked and opened the attack by firing at Sultan. No injury to the deceased or to any of the PWs has been attributed to the petitioners. There is no allegation that they used Kassies as weapon of offence for causing injuries. Admittedly no Kassi was recovered from their possession. In the circumstances, I feel inclined to the view that a case for their enlargement is made out. I, therefore, admit them to bail in the sum of Rs. 50,000 with two sureties in the like amount to the satisfaction of A.C. Okara.
S.A./M-1637/L