' This is an application for bail on behalf of Farid Bakhsh and Muhammad Sadiq petitioners, in a case under section 302/148/149, P. P. C. Registered at Police Station Seetpur, vide F. I. R. No, 79, dated 5th September, 1981.
2. The prosecution case is that the petitioners alongwith 6 others in furtherance of their common object caused the death of Muhammad Bakhsh, on 5th September, 1981 at 3 p. In in the area of Mauza Muradpur South.
3. As for the petitioners, it has been alleged that they were armed with sotas and caught hold of the deceased in order to facilitate their co-accused namely, Hazoor Bux, Gul Muhammad and Ghulam Akbar to inflict injuries on the person of the deceased and thereby caused the death.
4. The learned counsel for the petitioners contends that the petitioners had not caused any injury to the deceased and in the circumstances of the case it cannot be believed that they would have caught hold of the deceased at the time of the infliction of injuries on his person by the co- accused. On the other side the learned State counsel has seriously opposed this application. He submits that section 148/149, P. P. C. Stands clearly attracted to the case of the petitioners.
5. After hearing the learned counsel for the parties I find that although the petitioners were armed with sotas and could easily inflict injuries on the person of the deceased yet they did not cause any injury to him and the allegation against them is that of abetment.
6. Without expressing any opinion on the merit of the ease, I am of the opinion that the question of the vicarious liability of the petitioners in the peculiar circumstances of the case needs further inquiry. The petitioners are allowed bail subject to their furnishing bail bonds in the sum of Rs, 20,000 (Rs, twenty thousand) each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Alipur.