Law:

Section:

Criminal Procedure Code (V of 1898)-----S . 497--Penal Code (XL V of 1860) , Ss. 302 , 307 , 148 & 149-­Constitution of Pakistan (1973), Art. 185(3)--Bail--Petitioners accused under Ss. 302, 307 8; 148/149, P.P.C. were refused bail by High Court on ground that their vicarious liability could only be determined by Trial Court--Plea of falsely implicating petitioners two of whom were college students while third one was empty handed at time of occurrence--Medical evidence also not supporting prosecution version--Matter requiring further inquiry--Petition converted into appeal and bail granted. ORDER NASIM HASAN SHAH, J.--On the report of Haji Muhammad Sharif (complainant) a case has been registered against the petitioners and 4 others at Police Station Toba Tek Singh on 28-6-1983 under section 302/307/148/149, P.P.C. The case of prosecution, as it emerges from the F .I . R. is that about three and a half years prior to the occurrence, co-accused Abdur Rehman Jami and Zafar Iqbal, manipulated to get the land of one Sardar Muhammad an uncle of Muhammad Hanif deceased mutated in favour of Ghulam Rasul. On account of this mutation there was bad-blood between the complainant party and the accused persons. On 26-6-1983, at about 4 p.m. there was an altercation between the parties, as a result of which co-accused Abdul Rehman Jami, Akhtar Iqbal and Abdul Majid, armed with pistols, fired at Muhammad Hanif, as a result of which he died at the spot. Ashfaqur Rehman, co-accused, armed with gun, fired at Talib Hussain, who also died at the spot. Muhammad Ayyub, Petitioner No.1 herein, who was armed with a gun, fired at Liaquat Ali P.W. and injured his left leg. Fateh Haider, petitioner No.2 herein who was armed with a gun, also fired on the opponents injuring Muhammad Arshad P.W. and Shaukat Ali P.W. in their legs. Rizwan Zafar, petitioner No. 3 herein, was also armed with a gun and fired at Haji Muhammad Sharif complainant, who also was injured on the right leg. The petitioners applied for bail before the Additional Sessions Judge,…

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