' Najabat complainant got recorded F.I.R. No,166, dated 23-4-1993 . About an occurrence which took place at about 1-00 p.m. On that day wherein his son Haji Muhammad lost his life. Muhammad Shafi petitioner is said to have given a Sota blow on the right thigh of his son Haji Muhammad who fell on the ground when his co-accused Rafi fired at him with .12 bore gun which hit him and he expired. Muhammad Shafi petitioner has been arrested whose bail plea has been rejected by the Additional Sessions Judge. Hence this petition with the same desire.
2. I have heard the learned counsel for the petitioner as well as learned State counsel and gone through the record before me.
3. The main contention of the learned counsel for the petitioner Muhammad Shafi is that in the post-mortem report one injury at Serial No,9 was seen by the medical witness which is an abrasion 1-1/2 c.m. x 1 c.m. On the lateral side of right thigh and that the involvement of this petitioner is a question of further inquiry to whom the fatal injury is not attributed. I do not agree with him. As rightly canvassed by the learned- State counsel the F.I.R. Was promptly lodged wherein Muhammad Shall petitioner is mentioned as the assailant who started the occurrence. He gave the Sota blow on the right thigh of the deceased Haji Muhammad who fell down and thereafter the co- accused Rafi fired at him which hit him and he expired. The injury attributed to the petitioner Muhammad Shafi is not fatal. However, his vicarious liability as contemplated under section 34 of the Pakistan Penal Code cannot be brushed aside particularly when, as expressed above, he started the occurrence. I, therefore, hold that it is not a fit case for the admission of Muhammad Shafi petitioner to bail.
' Finding no force in this petition I dismiss the same.