' CH. IFTIKHAR HUSSAIN, J.--- Petitioner Anees and Hamid through the instant petition have prayed for post-arrest bail in case F.I.R. No,380 registered under section 302 read with section 34, P.P.C. With Police Station Seetal Mari, District Multan on 3-8-2009.
2. Briefly the prosecution case as per the F.I.R. Is that on 3-8-2009 at about 2-30 p.m., they while having pistol and Chhuri, respectively along with Hasnain having dagger like Chhuri, in furtherance of their common intention have committee the qatl-e-amd of Mst. Safia Bibi, the deceased sister of the complainant. Hasnain had inflicted her Chhuri blows under and upper side of her umbilicus and frontal side of the chest and the right rib. She succumbed to her injuries. They, while remained standing there are raising Lalkara prohibiting others not to come near them, otherwise, they would kill them.
3. After hearing the learned counsel for the parties and perusing the record, I find that though they are named in the F.I.R. But without any overt act particularly qua the deceased. Their mere presence at the spot as narrated in the F.I.R. Is in the way that they had raised Lalkara prohibiting others not to come near them, otherwise they would kill them.
4. It is needless to mention here that in this way their vicarious liability perhaps has been shown in the matter by the prosecution. There cannot be any cavil to proposition that such liability is to be determined at trial. Hence, their case is amply covered within the mischief of subsection (2) of section 497, Cr.P.C. Calling for further inquiry into their guilt.
5. Here it may be mentioned that they were shown to have been arrested on 5-8-2009 and in this way it was about five months ago. It may be mentioned here that the case of an accused, when may become for bail on the ground of further inquiry, he then is entitled to such relief as of right and in such a situation he cannot be detained unnecessarily for a moment even.
6. I, therefore, accepted this petition and admit them to bail in the sum of Rs,100,000 (rupees one lac) each with one surety each inthe like amount to the satisfaction of the learned trial Court.