' Learned counsel for the petitioner submits that petitioners and their co-accused, namely, Akbar Ali are real brothers inter se, that allegation against the petitioners was that they raised Lalkara and also held the deceased from his arms while their co-accused, namely, Akbar Ali who was armed with .12 bore double barrel gun caused an injury on the person of the deceased, which proved fatal, that petitioners have also been found innocent by the police in three investigations and that case of the present petitioner is of further inquiry falling under subsection (2) of section 497, Cr.P.C.
2. On the other hand, learned counsel for the State assisted by learned counsel for the complainant submits that petitioners are named in the F.I.R., they have facilitated the commission of offence, that if they had not held the deceased from his arms then, their co-accused could not have fired at the deceased that challan has been submitted in the trial Court, case is fixed for evidence for tomorrow, that both the petitioners were also injured, they were got medically examined, so their presence is proved at the spot.
3. I have heard learned counsel for the parties. No injury is attributed to the present petitioners. It will be determined by the trial Court at the time of trial after recording the evidence whether the petitioners could have held the deceased from his arms or not. Both the petitioners were also injured and the prosecution has not explained their injuries and moreover, the police in three investigations have found them innocent. According to section 497, Cr.P.C. Any accused even charged with an offence punishable with death or imprisonment for life or 10 years and if his case is of further inquiry falling under subsection (2) of section 497, Cr.P.C. Then he can be granted bail at any stage. In this view of the matter, this petition is accepted. Petitioners are allowed bail subject to furnishing bonds to the tune of Rs.50,000 (Fifty thousand) each with two sureties each in the like amount to the age faction of trial Court. However, a direction is given to the trial Court that if any ace...Fed-petitioner absents himself intentionally fern the trial Court, then, trial Court case cancel his bail.