Law: Criminal Procedure Code (V of 1898)

Section: 148, 149, 498

(a) Penal Code (XLV of 1860), ---Ss. 148 & 149-Unlawful assembly-Member's liability-Vicarious-Mere fact that no specific part can be assigned to particular member-Cannot minimise his participation in rioting.. (b) Criminal Procedure Code (V of 1898), ---S. 498-Bail-Murder-Accused neither mentioned in F. I. R. nor implicated by witnesses-Only circumstance: an injury on his person-Not sufficient for refusing bail-Accused admitted to bail in circumstances.   ORDER The applicants along with Kachkol Khan, Haji Sher Muhammad, Amanuilah, Shamsul Haq, Mouza Khan, Nawab, Astafuddin, Gul Wahab, Nazeer,, Fazal Dad and Khan Bahadur are involved in a case under sections 302, 307, 147, 326 149 and 148, P. P. C. for causing the murder of Muhammad and gun shot injuries to Muhammad Jan and knife injuries to Luqman, Bahrain, Muhammad Ali, Sharifdad, Sahib Saeed, Gulzada, Muhammad Jan and injuries with a blunt weapon to Bahrain, Muhammad Jan and Mir Akbar; one other person, namely Jafri, who is a clerk in the K. P. T. was also injured by gunshot and a separate case has been registered in regard to that offence at Police Station, Jackson. Mr. A. H. Qureshi has appeared on behalf of complainant Shah Nazar and Mr. Murtuza Hussain for the State to oppose this bail application. According to them the incident occurred on 19th March 1969 at about 11 a.m. when the labourers had assembled to meet the representatives of the stevedores in connection with the settlement of their demands. In this connection it may be mentioned that a day earlier the labourers had elected Khan Madin as their president in place of Haji Sher Muhammad one of the accused in the case. It is alleged that he got infuriated because of his supersession as president of their Union and he along with the other accused including the applicants armed with revolver, knives and lathis went to the place where the labourers had assembled and committed rioting with deadly weapons resulting in the death of one Muhammad and injuries to the persons mentioned above. It may also be mentioned here that earlier to this bail application. another bail application (No. 122 of 1969) was filed by the accused including the…