Liaquat, Arif Hajjam and Ghulam Shabbir petitioners have sought bail after arrest in case F.I.R.
No.316/95 dated 10-12-1995 of P.S. Karore, District Layyah under section 302/148/149, P.P.C.
Registered on the statement of Haji Faqir Muhammad against the petitioners and two others for the commission of murder of Mst. Naziran and Abdul Jalil son of the complainant who expired at the spot in an occurrence which took place on 10-12-1995 at 9-30 a.m. In the area of Chak No.99-B, TDA situated at a distance of 6-k.m. From the police station.
2. The motive for the occurrence as set up in the F.I.R. Is that Mst. Naziran sister of Ghulam Shabbir accused-petitioner eloped with Abdul Jalil who thereafter contracted marriage which gave annoyance to Ghulam Shabbir petitioner and his co-accused and they allegedly murdered both of them on the same grudge.
3. After arguing the bail petition on behalf of Ghulam Shabbir, petitioner, at some length the learned counsel for the petitioners opted to withdraw this petition to his extent. Consequently the prayer for the grant of bail to Ghulam Shabbir is declined as not pressed.
4. Learned counsel for the petitioners argued that Liaquat and Arif petitioners are not directly connected with the motive; that no overt act has been attributed to them; that although allegedly armed with fire-arms they did not use the same and that the petitioners are in the judicial lock-up and no more required for further investigation.
5. Learned counsel for the State argued that the petitioners are named in the promptly registered F.I.R., they shared the common intention of their co---accused and that the offences alleged against them fall within the prohibitory clause of section 497, Cr.P.C.
6. I have heard the learned counsel for the parties and have gone through the record.
7. Admittedly Liaquat and Arif Hajjam petitioners are not related to the remaining three accused who are brothers inter se and have no direct concern with the motive narrated in the F.I.R. Liaquat petitioner was allegedly armed with .7 mm rifle and Arif petitioner with a pistol but they did not use the same in any manner. The petitioners had neither instigated their co-accused nor they had caused any injury to the deceased or to any other witness. No overt act is attributed to them.
Presence of the petitioners with co-accused unaccompanied by any criminal act makes out a case of further inquiry into the guilt and the possibility that the petitioners may not have accompanied their co-accused cannot be ruled out with certainty at this stage. The question of vicarious liability shall be determined at the stage of trial.
8. For what has been discussed above, this petition is accepted qua Liaquat and Arif Hajjam petitioners. They are admitted to bail subject to their furnishing bail bond in the sum of Rs.2 lacs each with two sureties each in the like amount to the satisfaction of Judicial Magistrate/Duty Magistrate, Karore, District Layyah.