' 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 petitioners are not alleged to have caused any injury to the deceased and only simple injuries to the complainant have been attributed to them, therefore, they are entitled to the concession of bail. The learned State Counsel submits that the petitioners are named in the F. I. R. And a specific role has been attributed to them, therefore, no ground for bail is made out. The allegation against the petitioners is that they caused simple injuries to Bhag Din complainant. No injury to the deceased has been attributed to them.
The order of the learned Additional Sessions Judge shows that co-accused Ghulam Sarwar who is alleged to have caused injuries to Ghulam Muhammad P. W., including two grievous injuries, was found innocent by the two investigating agencies and his plea of alibi was established by documentary evidence. The question of vicarious liability is to be determined by the trial Court in the light of evidence to be adduced at the trial. In the circumstances, I admit the petitioners to bail in the sum of Rs, 20,000 each with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Faisalabad.