' The petitioners, who are involved in a case under section 302/149/148, P.P.C. arising out of F.I.R.
No,129 of 1990, dated 20-10-1990, registered at Police Station Wanike Tarar, District Gujranwala, seek to be admitted to bail.
2. Briefly the allegation against the petitioners as narrated in the F.I.R. is that they while armed with deadly weapons attacked on the complainant party as a result of which Nassar died at the spot.
3. The learned counsel for the petitioners vehemently contends that no sanctity is attached to the F.I.R. in which so many innocent persons have been named as accused persons, the complainant by making a supplementary statement, has accepted this fact that his earlier statement was not correct. On the basis of supplementary statement principal accused Zafar son of Karamali and Karamali were found innocent and were discharged. With respect to the petitioners, he submitted though they are named in the F.I.R., yet they have not caused any grievous hurt either to the deceased or to the P.Ws. and in the presence of the circumstances referred above that so many innocent persons have been involved in this case, the case against the petitioners is one of further inquiry as it would be determined after the recording of some evidence whether these two petitioners were actually present at the scene of occurrence or not, and if they were present, whether they shared common object with the principal accused or not, hence they are entitled to bail as a matter of right. In addition to that, seven blunt weapon injuries have been attributed to more than thirteen persons which also make the prosecution case highly improbable.
4. The learned counsel for the State, has opposed this bail application on the ground that Madad Ali petitioner No,2 has caused injuries on the person of the deceased whereas Zafar petitioner No,1 has caused injuries on the person of Sher Muhammad and Muhammad Ali though simple in nature, hence specific part has been attributed to them. Even otherwise they are also liable for the act oaf the principal accused on the application of principle of vicarious criminal liability under the provisions of section 149, P.P.C., so the case against the petitioners falls within prohibitory clause and they are not entitled to bail.
5. I have heard the learned counsel for the parties at length and perused the record. I find great force in the submission of the learned counsel for the petitioners that if the complainant can name so many innocent persons in the F.I.R. there is no guarantee that the petitioners did actually participate in the commission of the crime. The injuries attributed to them are simple in nature, hence the case against them is one of further inquiry and they are entitled to the grant of bail, petitioners are admitted to bail provided they furnish bail bond in the sum of Rs,50,000 (fifty thousand only) with one surety each in the like amount to the satisfaction of the A.C. Hafizabad, District Gujranwala.