' ASIF SAEED KHAN KHOSA, J.---Through this petition Muhammad Abdullah petitioner has sought post-arrest bail in case F.I.R. No,67 registered at Police Station Mitha Tiwana, District Khushab on 15- 5-2006 in respect of offences under sections 302/324/337-F(iv)/ 34, P.P.C.
2. After hearing the learned counsel for the parties and going through the record it has straightaway been noticed by me that admittedly the petitioner was empty-handed during the alleged occurrence and he had not caused any injury to any person during the same. The allegation levelled against the petitioner in the F.I.R. Is that he had taken two of the victims in his clasp and had, thus, facilitated his co-accused in giving dagger blows to them. During the investigation of this case it had, however, been found by the police that the allegations levelled by the complainant party against the petitioner regarding taking the victims in his clasp and even regarding his presence at the scene of the crime at the relevant time were factually incorrect. Such an opinion of the investigating agency, although not binding upon the Court, is surely adverse to the prosecution's case against the petitioner and in the circumstances of this case the petitioner appears to be entitled to take benefit of the same at the present juncture. After completion of the investigation a challan has already been submitted and, thus, continued custody of the petitioner in jail is not likely to serve any beneficial purpose at A this stage. It is trite that the concession of bail ought not to be withheld by way of premature punishment.
3. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed B and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs,50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.