' Through this petition Ikhtiar Ali and Khadim Hussain petitioners have sought post-arrest bail in case F.I.R. No,118 registered at Police Station Machhiwal, District Vehari on 18-6-2001 for offences under sections 148/302/149, After hearing the learned counsel for the parties and going through the record it has been noticed that the role attributed to Ikhtiar Ali petitioner No,1 is that of standing guard at the place of occurrence while the role allegedly played by Khadim Hussain petitioner No,2 in the incident was that he had held the arms of Rafaqat Ali deceased so as to facilitate his co- accused to inflict hatchet blows on the deceased. It is not disputed that both the present petitioners had not themselves caused any injury to any person during the incident in question. No recovery of any sort was affected from the petitioners during the investigation. The learned counsel for the State has pointed out that two out of three Investigating Officers who had investigated this case at different occasions had found the present petitioners to be innocent and at one stage a recommendation was made regarding their discharge which recommendation was, however, disagreed with by the Area Magistrate. The investigation of this case has already been completed and , thus, physical custody of the petitioners in jail is not required for the purposes of the same.
2. For what has been discussed above the case against the petitioners calls for further inquiry into their guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition fis, therefore, allowed and the petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs,50,000 (Rupes fifty thousand only) each with one surety each in the like amount to the satisfaction of the learned trial Court.