This is an application for grant of bail to Muhammad Adil petitioner in case under sections 302, 436, 148, 149 and 109 P.P.C, registered at Police Station Satiana. Vide F.I.R. No. 213 dated 1-8-1987.
2. The prosecution case is that the petitioner and 12 other variously armed, in furtherance of their common object launched attack on Naik Muhammad and caused his death on 1-8-1987 in the area of Chak No. 39/ GB of Police Station Satiana. As for the petitioner, it has been alleged that before the actual attack on Naik Muhammad, the petitioner had come to the house of Allah Dad, brother of the deceased and fired shot hitting the wall of his house and thereafter had chased the deceased without firing any shot on him.
3. Learned counsel for the petitioner submits that the petitioner had not caused any injury to the deceased and as such, the question of his vicarious liability in not free from doubt. Learned counsel for the State assisted by the: learned counsel for the complainant has opposed this application.
4. I have considered the submissions made by the learned counsel for the parties with care. I find that the petitioner had not caused any injury to the deceased although he was carrying carbine at the time of occurrence; that he allegedly fired shots hitting the wall of the house of the brother of the deceased before the attack could be initiated on the deceased and that he had not fired any shot on the deceased while chasing him.
For what has been said above, without making any expression on the question of the vicarious liability of the petitioner, I feel that a case for grant of bail to him has been made out. He is, therefore, allowed bail in the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Faisalabad.
S.A./M-1632/L