' Sultan, Pehlwan and Muhammad Ramzan petitioners have moved thi& petition for bail in a case registered against them and two others under sections 148, 307, 308 and 302 read with section 149, P. P. C. At Police Station, Shujahabad through F. I. R. No, 73 dated 2nd April 1976, lodged by Allah Bakhsh brother of Haqnawaz deceased. The allegations are that Haqnawaz deceased had advanced an amount of Rs, 1000,00 to Sultan petitioner who is brother of his wife Mst. Bakhsh Mai.
On Ist April 1976, the deceased asked his wife to bring the amount from her brother Sultan but she refused to do so. In the meantime, Sultan petitioner came to the house of Haqnawaz who demanded the amount from him resulting in an exchange of hot word& and abuses. Sultan petitioner left the house of the deceased and a short-while after reappeard there along with his brother Pehlwan, Allah Bakhsh, Khan Muhammad and Mohammad Ramzan, Ramzan was armed with Phora and rest with lathis. On their very arrival, they started causing injuries to Mst. Bakhsh Mai, Haqnawaz deceased and Karim Bakhsh P. W. Sultan and Pehlwan petitioners caused injuries to their sister Mst. Bakhsh Mai, Allah Bakhsh and Khan Muhammad caused injuries to Haqnawaz deceased while Ramzan injured Karim Bakhsh P. W. The case was initially registered under section 148 and 308/149, P. P. C. Haqnawaz deceased succumbed to his injuries on 6th April 1976 and the offence was altered to one under section 302/149, P. P. C.
2. The learned counsel for the petitioners submits that no injury to the deceased is ascribed to the petitioners and they are alleged to have caused only simple injuries to Mst. Bakhsh Mai and Karim Bakhsh P. Ws. He further submits that the petitioners are very closely related to the deceased and Mst. Bakhsh Mai, therefore, obviously they had no intention to cause the death of their sister's husband and allegation in the F. I. R. Prima fuck show that they only wanted to chastise him. He further states that the question cf vicarious liability is yet to be determined, therefore, the case is open to further enquiry. The learned State Counsel opposes the petition and states that all the petitioners are equally liable for the murder, therefore, they are not entitled to the concession of bail.
3. After going through the relevant material placed before me I feel inclined to agree with the contention raised by the learned counsel for the petitioners. They are alleged to have caused injuries to their sister Mst. Bakhsh Mai and Karim Bakhsh P. Ws. And no injury to the deceased has been attributed to them. The inadequacy of the motive alleged by the prosecution, the kind of weapons used and the fact that the petitioners are very closely related to the deceased and the injured P. Ws. Support the contention of the learned A counsel for the petitioners that they only wanted to chastise the victims. The, question of vicarious liability cannot be gone into at this stage and is to be finally determined by the trial Court. In the circumstances I am of the view that a case for the petitioners' enlargement on bail is made out. Consequently I admit them to bail in the sum of Rs, 20,000, each with two sureties each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Shujjahabad.