' RANA BHAGWANDAS, J.--- Petitioner is aggrieved by the High Court's order dated 6-5-2004 passed in Criminal Bail Application No,S-161 of 2004 declining bail in a case registered under sections 324, 379, 511, 147, 148 and 149, P.P.C.
2. After investigation charge-sheet against the petitioner and co-accused was not submitted for want of adequate and reliable evidence. Instead a report under section 173, Cr.P.C. Was submitted before the trial Magistrate, however, being not satisfied with the police report chose to summon the complainant and the witnesses and after recording their statements in the absence of the accused-petitioner issued a direction for submission of charge-sheet against them. While all other co-accused have been released on bail, petitioner has been denied his right of freedom on the premise that specific role of using weapon was ascribed to him.
3. On perusal of the record we are tentatively of the view that case of the petitioner requires further inquiry, as Investigating Agency found no cause for prosecution against him. Even otherwise witnesses appear to have been examined by the Magistrate behind the back of the petitioner after about 1 month and 25 days.
4. Dr. Qazi Khalid Ali, learned Additional Advocate-General appearing on behalf of the State does not oppose the bail in view of the facts and circumstances of the case.
5. In the result, this petition is converted into appeal and allowed.Impugned orders of the trial Court and the High Court are set aside, and the petitioner is admitted to bail, subject to solvent surety in the sum of Rs,50,000 to the satisfaction of the trial Court.