' SYED MUHAMMAD KAZIM RAZA SHAMSI, J. --- Asif Khan petitioner seeks his release on post arrest bail in case F.I.R. No, 220, dated 15.6.2013 registered at police station Saddar, District Narowal, under Sections 302 & 395, PPC.
2. Precisely the allegation against the petitioner is that he while armed with 'Danda' had inflicted an injury on the that right arm of Muhammad Amin who succumbed to the injuries caused by other co-accused with fire-arm.
3. Parties heard. Record perused.
4. As per crime report, an allegation of inflicting injury at the right .Arm of Muhammad Amin has been attributed to the petitioner which injury is non-existence on the right arm of the deceased rather injury No, 3 has been shown to have been inflicted on the left arm which was superficial injury. This contradiction in the medical evidence ' as well as ocular account brings the case of the petitioner within the ambit of Section 497(2), Cr.P.C. Furthermore, the fire-arm injury received by deceased Muhammad Amin is not the cause of death rather his death had occurred due to firearm injury attributed to some other accused. It is further noticed from the record that the police after investigating the matter had recommended the discharge of the petitioner from the case in hand and a set of three other persons has been introduced in the case in hand. Keeping in view these facts and circumstances of the case, the involvement and guilt of the petitioner calls for further inquiry entitling him for the concession of bail.
5. In view of above, this petition is allowed and petitioner Asif Khan is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 50,000/- with one surety in the like amount to the