Law:

Section:

(a) Criminal trial- Decision, rule of-Cases of criminal nature-Proceed on their own facts and circumstances-A rule of universal application, held, can­not be deduced from decision of any particular case. (b) Criminal Procedure Code (V of 1898)- 5. 497(1)-Bail-Vicarious liability-Petitioner found to be a member of unlawful assembly sharing common intention with others alleged to have caused death of victim of assault-M, holly immaterial if another victim of assault sustained only a simple injury-Complain­ant party waylaid by accused persons killing one of them and peti­tioner armed with gun firing in alleged attack and injuring a prose­cution witness-Petitioner, held, vicariously responsible for major offences and his case covered by S. 497(1), Cr. P. C.-Penal Code (XLV of 1860), S. 302/307/149/148.-[Vicarious liability]. Muhammad Akbar v. State 1978 S C M R 7 distinguished. (c) Criminal Procedure Code (V of 1898)- --- S. 497-Bail-Constructive liability, determination of-Courts on basis of material placed before them, such as F. I. R. and statements, recorded by police, held, fully justified, even at bail stage, to go into question whether case of constructive liability made out-Rule, how­ever, subject to rule of caution laid down in P L D 1972 S C 81.­[Constructive liability]. Manzoor v. State P L D 1972 3 C 81 ref. Ch. Muhammad Farooq, Senior Advocate Supreme Court with Sh. Abdul Karim, Advocate-on-Record for Petitioner. Kh. Muhammad Afzal, Additional Advocate-General (Punjab) with Sh. ljaz Ali, Advocate-on-Record for the State. M. A. Qureshi, Advocate-on-Record for Respondent No. 2. Date of hearing : 20th July 1978. ORDER NASIM HASAM SHAH, J.-This petition for leave to appeal is directed against the order dated 21-5-1978 of the Lahore High Court in Criminal Miscellaneous No. 715-B of 1978, whereby bail allowed to the petitioner by the Sessions Judge, Gujranwala, was cancelled. According to the F. I. R. lodged by Maqbool Hussain (respondent No. 2 herein) under sections 302,1307/149 and 148, P. P. C. at Police Station;-Sadar, Wazirabad, Nazar Mohammad (petitioner herein) armed with a gun, along with Manzur Hussain and Shaukat Manzur, armed with rifles, and…

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