' ASIF SAEED KHAN KHOSA, J.---Through this petition Sajid alias Chitta petitioner has sought leave to appeal against the order dated 15.12.2015 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No, 13673-B of 2015 whereby post-arrest bail was refused to him in case FIR No, 520 registered at Police Station Saraye Mughal, District Kasur on 11.11.2013 in respect of offences under sections 302, 148 and 149, P.P.C.
2. After hearing the learned counsel for the parties and going through the record we have observed that the FIR in this case had been lodged with a delay of ten days and the firearm injury attributed to the petitioner on the left calf of Muhammad Shafi deceased was non-existent in the Post- mortem Examination Report pertaining to the deadbody of the deceased. It is not denied that the injured witness namely Rasheed alias Talli had made a statement before the learned Additional Session Judge, Pattoki on 05.09.2015 clearly maintaining that Sajid alias Chitta petitioner was not present at the spot and a similar affidavit had also been sworn by Muhammad Iqbal complainant maintaining that the petitioner was not present at the scene of the crime at the relevant time. For all these reasons we have found the case against the petitioner to be a case calling for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, converted into an appeal and the same is allowed and, consequently, Sajid alias Chitta petitioner is admitted to bail in the above mentioned criminal case subject to furnishing bail bond in the sum of Rs,1,00,000/- (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the trial court.