295/2012 Cr.Bail Imran Bhatti (Applicant) V/S The State (Respondent)

295/2012 Cr.Bail Imran Bhatti (Applicant) V/S The State (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 27-FEB-13

here is a considerable delay in lodging the F.I.R i.e., 3 days despite the fact that victim's brother went to police station to obtain the letter. In addition, perusal of the F.I.R shows that there is hardly any role prescribed to the applicant and entire accusation was made for Bashir Bhatti who caused straight fire from his Kalashnikov which hit the deceased on his back and went through. However, nothing was attributed to the applicant and no role was assigned to him. As far as the case of vicarious liability is concerned, no doubt Section 460, P.P.C is quite different and distinct from Section 302, P.P.C, however, it is yet to be determined that the applicant was involved as it has become a case of further enquiry on account of delay in lodging the F.I.R. These views are also fortified by one of the judgments referred above i.e., case of Faraz Akram, in terms whereof it was observed that the vicarious liability could be determined at the trial and not at this stage, where there is inordinate delay in lodging the F.I.R.