' ASIF SAEED KHAN KHOSA, I.--Through this petition Muhammad Arshad petitioner has sought post- arrest bail in case F.I.R. No.311 registered at Police Station Gujjar Pura, Lahore on 2-5-2006 in respect of offences under sections 302/148/149/ 170/171/109, P.P.C.
2. After hearing the learned counsel for the parties and going through the record and after hearing the complainant in person it has been noticed by me that the occurrence in this case had taken place during a night and an F.I.R. In that regard had been lodged with the noticeable delay. A perusal of the F.I.R. Shows that no specific overt act had been attributed therein to the present petitioner and according to the F.I.R. The petitioner was only present at the scene of the crime along with his co-accused but it had never been mentioned in the F.I.R. That the petitioner was carrying any weapon with him or that he had caused any injury to any person. Apparently the petitioner was not directly connected with the motive set up in the F.I.R. Admittedly no weapon has been recovered from the petitioner's possession during the investigation of this case. The investigation has already been completed and the Investigating Officer has recorded his opinion regarding innocence of the petitioner. In the challan prepared in connection with this case the petitioner's name has been mentioned in Column No.2 thereof.
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 and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.