Learned counsel for the petitioner submits that petitioner has been falsely implicated, that according to the report u/S. 173 Cr.P.C. petitioner was accused of Section 109 PPC and was not found to be present at the spot, that no recovery was affected from him, that there is clear conflict between ocular account and medical evidence and that his case is one of further inquiry falling under sub-clause (2) of Section 497 Cr.P.C.
2. Learned Deputy Prosecutor General submits that petitioner is named in the F.I.R, that specific role is attributed to him, that two empties cartridges of 12 bore gun were recovered from the spot and the offence alleged against him falls within the ambit of Section 497 (1) Cr.P.C.
3. Heard. In the instant case, three accused, namely, Khalid armed with pump action, Ilyas armed with 12 bore, Ishaq armed with pistol and two unknown were mentioned. It was Ishaq, who open the attack and fired a shot, which hit Shahbaz on the left side of his back while the injury caused by the petitioner and his co-accused Ilyas hit Shahbaz on the right side of his back. I have gone through postmortem report of the deceased, Injury No, 4 is on the .back of left side of the buttock of Shahbaz deceased while Injury No, 5 is contusion. I have also gone through diagram; these is no injury on the back of the deceased except Injury No, 4, which is on the left side of the buttock of the deceased and that can be attributed to Ishaq, who opened the fire. No recovery has been affected from the petitioner; he is accused of Section 109 PPC according to the report u/S. 173 Cr.P.C. so treating it a case of further inquiry falling under sub-clause (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/- (one lac) with one surety in the like-amount to the satisfaction of Deputy Registrar