M. NAEEMULLAH KHAN SHERWANI, J.- Learned counsel for the petitioners at the very outset does not press this application qua petitioner No. 1 namely, Liaqat Ali. Dismissed as withdrawn to his extent.
2. Learned counsel for both the sides have been heard at length. Admittedly, Muhammad Ashraf petitioner was empty-handed at the relevant time of occurrence. He is simply alleged to have exhorted Lalkara and nothing beyond that. True import of Lalkara is ascertainable only after recording of some material evidence in the case, until then case of the petitioner is covered under sub-section (2) of Section 497, Cr.P.C, being that of further inquiry. During the course of investigation, no recovery of any incriminating article was ever effected from him. I am inclined to allow him bail.
3. Resultantly, the petitioner is directed to be released from custody subject to his furnishing bail bonds in the sum of Rs. 50,000/- with two sureties cash in the like amount to the satisfaction of Trial Court.
4. The petitioner shall make himself readily available before the Trial Court on each and every date of hearing.