The present petition is for cancellation of bail granted to respondents Nos.1 and 2 by Yar Muhammad Nizami, Additional Sessions Judge, Narowal, vide older, dated 2-3-1992, in case/F.I.R.
No.268/91, dated 28-12-1991, under sections 302, 324, 337, 148, 149, P.P.C.
2. The learned counsel for the petitioner was heard at length. The case for cancellation of bail granted to respondents Nos.1 and 2 was primarily contended by placing reliance upon Munawar v.
The State 1981 SCMR 1092; Nazar Muhammad v. The State and another PLD 1978 SC 236 and Nazar Hussain and another v. The State 1987 M. L D 1925. In the first two cases the Honourable Supreme Court was pleased to uphold the High Court order cancelling bail allowed to the accused by the lower Court in spite of the allegation of the injuries caused being simple, whereas in the third case the Honourable Single Judge of this Court was pleased to cancel the bail allowed to the accused in spite of the allegation being only of ineffective firing. The learned counsel for the petitioner conceded that the injuries attributed to the present respondents Nos.1 and 2 were simple in nature and were caused on the non-vital parts of the body of the P.Ws., but sought the cancellation of their bail by arguing that they were viscariously liable for the murder of the deceased.
3. However, as it is an accepted principle of law that no interference with an order of bail shall take place unless the impugned order is perverse or not 8 based on facts and as it has not been alleged that such was the position in the instant case, therefore, no case is made out for cancellation of the bail allowed to the respondents Nos.1 and 2. It is further observed herein that there are innumerable decisions of this Court and the Honourable Supreme Court to the effect that the question of vicarious liability has to be gone into during the trial and that the allegation of vicarious liability is no ground for withholding bail. Further reliance is placed on Manzoor and 4 others-v. The State PLD 1972 SC 81 and Amir v. The State PLD 1972 SC 277, to seek strength in support of the non- interference of the bail allowed to the respondents.
4. In pursuance to what has been stated above, the present petition for cancellation of bail being devoid of merits is hereby dismissed.
N.H.O./M-506/L