1. Muhammad Anwar and his brother Muhammad Sarwar alongwith four others are accused of murder of Muhammad Ismail and injuring Muhammad Akram and Abdul Aziz. The incident is alleged to have taken place on 20-12-1985. The F.I.R. Was lodged by Muhammad Sharif on the same day at Police Station, Samundri.
2. The two brothers applied for bail after arrest. Their application was dismissed by the Additional Sessions Judge by order, dated 16-3-1986. They have now moved this Court for bail.
3. The allegation against both the petitioners is that both were armed with knife and Khanjar with which they injured a prosecution witness, namely, Abdul Aziz.
4. Muhammad Anwar inflicted a blow with knife on the right shoulder of Abdul Aziz. Injury was found to be simple.
5. Muhammad Sarwar gave injuries on the nose and left ear of I Abdul Aziz. Those were skin-deep and were also simple in nature.
6. This is not the prosecution case that any one of the petitioners inflicted any injury to the deceased.
7. The Asstt. A.-G. And even the counsel for the complainant has not been able to challenge this position. The only argument advanced by the counsel for the complainant was that the presence of the two petitioners at the spot made them vicariously responsible.
8. The question of vicarious responsibility is to be determined at the proper stage by the trial Court.
9. But in view of the part attributed to the petitioners referred to above, I am inclined to admit them to bail in the sum of Rs.50,000 (Rupees fifty thousand) each with one surety each in the like amount to the satisfaction of A. C., Faisalabad.