' KHAWAJA, MUHAMMAD SHARIF, J.---It is contended by learned counsel for the petitioner that this Court had granted bail to Muhammad Arshad co-accused in Criminal Miscellaneous No. 1774-B of 2006 vide order, dated 31-3-2006; that case of petitioner is on similar footing to that of his co- accused Muhammad Arshad; that he was Computer operator in Punjab Provincial Building Department at Faisalabad and remained on his duty from 8-30 a.m. To 1-30 p.m.; that his senior and colleagues have sworn their affidavits and verified this fact before the police; that police came to the conclusion that he was present on his duty from 8-30 a.m. To 1-30 p.m. ; that he was found to be innocent and placed in column No.2 of the challan; that no recovery was effected from him and that case of petitioner is of further inquiry falling under subsection (2) of section 497, Cr.P.C.
2. Learned State counsel is not in a position to rebut the submissions made by learned counsel for the petitioner and concedes that these facts have been mentioned by the police during the course of investigation.
3. Heard. It is correct that according to F.I.R. The petitioner along with his co-accused fired at the deceased and injured Abdul Ghaffar but later on it has come on record that he was not present at the spot. He was present on his duty from 8-30 a.m. To 1-30 p.m. His senior and colleagues have sworn their affidavits to the police in this respect and the police came to the conclusion that petitioner was present in his office on the fateful day. He was declared innocent and has been placed in column No. 2 of the challan. Column No.2 is meant for those accused persons who are not challaned or who were absconding so the petitioner has not been challaned. The settled law is that when the Court comes to the conclusion that case of accused is of further inquiry, he shall be released on bail. Reliance is placed upon PLD 1989 SC 585 and PLD 1995 SC 34. In this view of the matter, I am of the considered opinion that case of petitioner is of further inquiry falling under subsection (2) of section 497, Cr.P.C. This petition is accepted and petitioner is allowed bail subject to his furnishing bail bonds in the sum of Rs. 100,000 with one surety in the like amount to the satisfaction of Deputy Registrar (J) of this Court.