Law: Criminal Procedure Code (V of 1898)

Section: 497, 498

  Criminal Procedure Code (V of 1898) Ss. 497 & 498-Bail, grant of-[Murder-case]-Petitioners causing simple injuries to complainant and no injury on deceased attributed to them-Contention that petitioners being vicariously liable for offence of murder no ground for bail made out-Contention, held, misconceived since question of vicarious liability yet to be determined by- trial Court in light of evidence to be adduced at trial-Bail allowed, in circumstances. Date of hearing : 4th February, 1979.                                                                                                                       JUDGMENT Muhammad Rafiq and Muhammad Aslam petitioners have moved this petition for bail in a case registered against them and two others under sections 302 and 307/34, P. P. C. The allegations are that on 19th June, 1977 at 4 p. m. the petitioners and their co-accused Muhammad Hanif and Sarwar while armed with lathis, caused injuries to Chiragh Din deceased, Bhag Din complainant and Ghulam Muhammad P. W. Co-accused Muhammad Hanif gave two lathi blows to Chiragh Din deceased on his forehead and left shoulder as a result of which he later on died. The petitioners are alleged to have caused injuries to the complainant. 2. The learned counsel for the petitioners contends that the peti tioners are not alleged to have caused any injury to the deceased and only simple injuries to the complainant have been attributed to…