' KHAWAJA MUHAMMAD SHARIF, C.J.---It is contended by learned counsel for the petitioner that no injury is attributed to the petitioner; that he has been found innocent during the course of investigation; that nothing has been recovered from him; that case of petitioner is of further inquiry falling under sub-clause (2) of section 497, Cr.P.C., and he is entitled to bail.
2. Learned counsel for the complainant submits that petitioner is named in the promptly lodged F.I.R.; that he was present at the spot at the time of occurrence and common intention is there; that the offence falls within the prohibitory clause of section 497(1), Cr.P.C. And he is not entitled to bail.
3. Learned D.P.-G. Submits that petitioner has been found innocent during the course of investigation by the police.
4. I have heard learned counsel for the parties. The complainant is father of deceased. Motive is not attributed to the petitioner and it was attributed to Muhammad Shafique co-accused who had caused fatal injury on the person of the deceased. There was a quarrel between the deceased and Shafique co-accused. No recovery has been effected from the petitioner and no injury is attributed to him. In this view of the matter, case of petitioner is 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 (J) of this Court.