MUHAMMAD RAFIQ TARAR, J.-Sajwara and Muhammad Amin petitioners have moved this petition for bail in a case registered against them and others under seettions 148, 302 and 307/149 P.P.C.
2. In the occurrence which took place on 23.11.1988 at 2 p.m., Muhammad Yar and Nur Ahmad suffered injuries at the hands of the accused party Muhammad Yar was removed to Civil Dispensary, Haveli, but on reaching there he succumbed to his injuries. The part attributed to the petitioners was that they caused injuries to Nur Ahmad on back side of his head and left shoulder.
The motive for the occurrence was that the complainant was in unlawful possession of State-land and had sown wheat in three acres. The accused party wanted to dispossess him in order to occupy the land. It is alleged that they came to the land armed with Sotas and caused injuries to aforesaid Muhammad Yar and Nur Ahmad.
3. Learned counsel for the petitioners contends that the petitioners are alleged to have caused only simple injuries to Nur Ahmad PW, therefore, a case for the grant of bail is made out.
Learned counsel for the complainant and State have vehemently opposed the prayer for bail. It is submitted that the allegations prima facie indicate that all the accused acted in a pre-concert, therefore, petitioners are 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 petitioners are not alleged to have caused any injury to the deceased. The only allegation against them is that they caused injuries to Nur Ahmad PW. He had six injuries, out of which injury No.5 was declared grievous. The injury has been specifically attributed to co-accused Ahmad Din. The injuries attributed to the petitioners are simple in nature. The question of vicarious liability is to be determined by the trial Court on the basis of evidence to be adduced at the trial. In view of the aforesaid position, I feel inclined to the view that a case for the grant of bail is made out.
I, therefore, admit the petitioners to bail in the sum of Rs.25,000/- each with one surety each in the like amount to the satisfaction . Of Assistant Commissioner, Okara.