IFTIKHAR HUSSAIN CHAUDHRY, J.- Criminal case F.I.R. No. 138, dated 20.6.1998 under Section 302/34 P.P.C, was registered at Police Station Satrah, District Sialkot on the report of one Aas Muhammad.
According to the. Complainant he, Surjan Khan and others were serving food to guests who had come to attend the marriage of Nazim-ud-Din, when one Hafiz son of Rehm Din came to the house of his brother Nazim-ud-Din and called him to tum out Surjan Khan and Aas Muhammad from his house. Nazim-ud-Din refused to oblige but nonetheless the complainant and Surjan Khan returned to their haveli. According to complainant, at 1.20 p.m., he, Surjan Khan, Mauj Muhammad and others were talking to one another when Hafiz armed with sot a, Aziz armed with an iron pipe, Hassan armed with a stick and Maqsood carrying a brick jumped into the haveli. Hassan gave a blow with stick to Surjan Khan and the second blow was given by Aziz with iron pipe hitting on left hand of Surjan Khan. Muhammad Hafiz gave third blow hitting the victim on his right knee. Maqsood threw brick which hit the victim on his chest. Hassan Khan, Hafiz gave further blows to Surjan Khan at which he fell down. The complainant was also belaboured by the accused. The complainant party was rescued by the witnesses. The motive for the incident was stated to be that Nazim-ud-Din and Hafiz were not having good terms and Surjan Khan helped Nazim-ud-Din. He had also gone to attend the marriage of daughter of Nazim-ud-Din and Hafiz and others took ill of it and for that they had attacked Surjan Khan complainant. Surjan Khan died in the hospital.
2. The petitioner was arrested and has applied for grant of bail to him.
3 . Learned counsel for the petitioner contended that the injury ascribed to the petitioner was a simple abrasion which could not have been caused by a heavy iron pipe and that if such a weapon was employed in the incident, the blo\f was likely to have caused fracture of bones of hands of the victim and this factor alone was sufficient to indicate that the petitioner was assigned an artificial role after obtaining medico-legal report from the hospital. It was submitted that it was a night time occurrence and the petitioner had no motive to joint hands with the accused and even otherwise the occurrence took place when a dispute arose regarding inviting or non-inviting of certain guests to the marriage party, whereafter, brick bats were exchanged between the parties in the course of which Surjan Khan was injured. It was submitted that even if the prosecution case against the petitioner was believed he af the most would be only vicariously liable for the offence committed and the extent of liability of the petitioner was a matter which would be determined by the Trial Court and for the present the case of the petitioner would be that of further inquiry.
Learned counsel for the State, however, opposed the grant of bail to the petitioner.
4. The petitioner had allegedly given blow with an iron pipe to the hands of the deceased and the Medical Officer noticed only a simple abrasion on the hand of the victim which neither contributed to nor had accelerated the death of the deceased. The question qua the extent of involvement of the petitioner in the episode, nature of role played by him and the extent of his liability are the matters which would best be determined by the Trial Court. For the present case of the petitioner is considered to be that of further inquiry.
5. The petitioner is allowed bail in the sum of rupees one lac with two sureties in the like amount to the satisfaction of Trial Court.