' The petitioners who are involved in a case under section 302/324/ 148/149, P.P.C. Arising out of F.I.R.
No, 84, dated 11-3-1994, registered at Police Station, Tatiana, District Faisalabad, seek to the admitted to bail.
2. As per F.I.R. Noor petitioner is alleged to have fired at Mst. Fatima Bibi and the shot actually hit her, whereas, Mumtaz petitioner was also present at the spot armed with a rifle.
3. Learned counsel contended that the petitioners are involved in a case which falls within the ambit of section 319, P.P.C.; that the petitioners were found innocent during the investigation, hence they are entitled to the grant of bail as their case falls within the ambit of further inquiry.
4. The learned counsel for the State assisted by the police officer submitted that no doubt, one Inspector and the D.S.P. Made some observations favourable to the petitioner, I but later on they submitted that challan against them and both of them later on were placed in column No,3 of the challan. The petitioners are nominated accused and specific role of causing injuries to Mst. Fatima Bibi is attributed to Noor petitioner, whereas the allegation against Mumtaz petitioner is that he was present at the spot alongwith the rifle and being a member of the unlawful assembly he is liable for the act of the principal accused.
5. I have hitard the learned counsel for the parties and have perused the record.
Admittedly, the petitioners are nominated accused and they are the members of the unlawful assembly; hence they are vicariously liable for the acts of the principal accused, so they are not entitled to the concession of bail. The finding of the police regarding their innocence is not based upon proper material, even the police have submitted the challan against the petitioners showing them in Column No,3, thus this petition has no merit and is dismissed.