' Two applicants, namely, Dhani Bux and Dadle have applied for bail in a case in which offence is under section 302/34, P.P.C. It is the case of the prosecution that both applicants were armed with hatchets and were in the company of their two other co-accused, namely, Dad Muhammad and Nabi Bux who were armed with guns. Incident took place on 17-12-1988 at 1-00 p.m. In the agricultural land of Lal Khan in Deh Belo Dharo. Applicants and their two accused armed as stated above came to the spot and from them co-accused Dad Muhammad declared that his son Abdul Sattar was murdered by sons of Fazal Muhammad. As such revenge was to be taken and in result Dad Muhammad fired a shot from his gun at Fazal Muhammad and Nabi Bux also fired shot at Fazal Muhammad who became injured and died on the spot. Incident was seen by complainant, Jamal and Haji Mehboob. Report was lodged at Police Station Buxapur on the same day at 1-45 p.m. Distance between spot and police station is 16 kilometres. Two crime empties were recovered from the spot. All accused persons including the two applicants were arrested on 28-12-1988, from their own house. All accused are brothers inter se. Guns have been recovered from Dad Muhammad and Nabi Bux which have been sent to Ballistic Expert alongwith crime empties recovered from the spot. From applicants Dhani Bux and Dadle hatchets have been recovered but they were not blood-stained.
2. Bail plea is urged on behalf of applicants, Dhani Bux and Dadle that although as alleged in the F.I.R. They were armed with hatchets but no overt act is ascribed to them and they did not use the hatchets and they have not caused any injuries to the deceased. It is submitted that the case of the applicants is distinguishable from the case of other two accused and to that extent their case requires further enquiry for the purpose of determination of their vicarious liability and sharing of common intention. Reliance is placed on the cases of Ghulam Ali v. Muhammad Yousaf and others 1987 SC MR 857, Muhammad Akbar and others v. State 1978 SCMR 7 and Khadim Hussain v. State 1978 SCM R 146.
3. For the facts and reasons stated above I admit applicants Dhani Bux and Dadle to bail in the sum of Rs,50,000 with one surety each in the like amount to the satisfaction of the trial Court.