' ASIF SAEED KHAN KHOSA, J.---Through this petition Muhammad Akram and Mouj Din petitioners have sought post-arrest bail in case F.I.R. No,273 registered at Police Station Narang, District Sheikhupura on 6-6-2006 for offences under sections 302/147/149/109, P.P.C. During the investigation sections 337A(i), 337F(i), 337F(v), 337L(2) and 452, P.P.C. Were added to the F.I.R.
2. After hearing the learned counsel for the parties and going through the record it has straightaway been noticed by me that both the present petitioners had not caused any injury to Muhammad Sharif deceased. A perusal of the F.I.R. Shows that the circumstances in which Muhammad Sharif deceased was done to death by one of the petitioners co-accused by squeezing his testicles required further probe regarding the question, of sharing of common object by the petitioners in the matter of killing of the deceased. The injuries allegedly caused by the petitioners to Muhammad Amin complainant, Khadim P.W. And Munir Ahmad P.W. Attract the offences under' section 337A(i) and 337L(2), P.P.C. Which offences are bailable. The record of investigation of this case shows that three accused persons had also received injuries on their persons during the same incident and they had been got medically examined on the very day of occurrence by the local police itself but unfortunately the sustaining of injuries by the said three accused persons during the same incident had been completely suppressed in the F.I.R. Lodged by the complainant. The learned counsel for the petitioners has pointed out that after failure of the local police to record a cross-version of the petitioner's party a petition under section 22A(6), Cr.P.C. Had been filed in that regard and upon acceptance of that petition a direction has already been issued by art ex officio Justice of the Peace requiring the local police to record the cross- version of the petitioner's party. During the investigation nothing had been recovered from the possession of Mouj Din petitioner No,2. According to the F.I.R. Muhammad Akram petitioner No,1 was armed with a hatchet during the alleged occurrence but during the investigation only a Danda had been recovered from his possession. As many as six accused persons nominated in the F.I.R. By the complainant B have already been opined by the investigating agency to be innocent which prima facie reflects adversely upon the veracity of the allegations contained therein. After completion of the investigation a challan has already been submitted in connection with this case and, thus, physical custody of the petitioners is not required at this stage for the purposes of investigation. 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 petitioners calls for further inquiry into their guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed C and the petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) each with two sureties, each in the like amount to the satisfaction of the learned trial Court.