The two petitioners, namely, Abdul Majid and Mohammad Siddiq, are real brothers and proprietors of Chawala Calico Works, Abdullahpur. As a result of a raid carried out on their premises on 4-9- 1971, 2802 rolls (than) were found in their stock, which were not mentioned in their regular stock register. They had, however, made entries on some rough note book about it which indicated that they were keeping double records with a view to defraud the Excise and Income-tax Departments for evasion of payment of necessary taxes. Some other entries were also detected which they are said to have made in the relevant books with the connivance of officials of the Excise and Income-tax Departments by paying illegal gratification to them. A case under sections 420/468/471/477-A/165, P. P. C. and 5/H/47 of the Prevention of Corruption Act was registered against them and as a result of the investigation that followed they were arrested and remanded to judicial custody. So they are no more required by the police for the completion of the investigation against them.
2. They were refused bail by the Sessions Judge. They have accordingly approached this Court with a petition under section 498, Cr. P. C. with the same request. In view of the allegations made against them, they have to explain many questioned items and entries in their account books and to brief their counsel in respect thereof. Most of the questioned documents have to be submitted to the Expert for his report, and after receipt of his opinion in respect thereof, some officials of the Excise and Income-tax Departments are to be arrested in this case as stated by the Inspector of Police which is likely to prolong the investigation for an indefinite period. None of the offences alleged to have been committed by the petitioners are punishable with death or transportation.
They are proprietors of a large business concern and well to do persons who are assessed to income-tax. I would, therefore, not like to detain them in the judicial lock-up till the completion of their trial and direct that they shall be released from custody on furnishing a bond each in the sum of Rs. 25,000.00 with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Lyallpur. .