Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898) S, 497-Bail-[Murder-case]-Injury suffered by deceased over his hand, resulting in severing of blood vessels, and proving fatal- Petitioners attributed only a Jappha-Question of vicarious liabi lity and fact as to whether or not petitioner shared intention of co-accused, responsible for fatal blow, held, matters to be more appro priately determined at trial-Case, held further, one for further inquiry-Petitioners allowed bail, in circumstances.-[Vicarious liability]. Basharat Hussain v. Ghulam Hussain etc. 1978 S C M R 357 and Shahid Iqbal v. The State 1976 P Cr. L J 758 rel.                                                                                                                          ORDER The petitioners and two others were arrested by the police for the murder of one Farooq Hassan. The occurrence took place on 14thJune, 1980, a day after the small altercation between Babar co-accused and the deceased. The allegation is that the petitioners grappled with the deceased and whereas Babar co-accused inflicted him blows with a dagger, on his chest back and thighs. Bail having been refused to the petitioners by the learned Additional & Sessions Judge, they have now come up to this Court. The learned counsel for the petitioners argued that they did not cause any injury to the deceased and in fact they were not even armed. It was submitted that the only role attributed to them was that they grappled with the…