ASIF SAEED KHAN KHOSA, J.--- Criminal Miscellaneous Application No. 24-L of 2016 For the reasons mentioned in this miscellaneous application the same is allowed and the delay in filing of Criminal Petition No. 46-L of 2015 is condoned. Disposed of.
Criminal Petition No. 46-L of 2015
2. Through this petition Kaleem Ullah petitioner has sought leave to appeal against the order dated 13.10.2015 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No. 11871-B of 2015 whereby post-arrest bail was refused to him in case FIR No 77 registered at Police Station Kamer Mashani, District Mianwali on 03.05.2015 in respect of offences under sections 324/427/ 109/148/149, P.P.C.
3. After hearing the learned counsel for the parties and going through the record we Have observed' that in the FIR as many as ten persons had been implicated by the complainant and during the investigation seven of such accused persons had been exonerated. As regards the present petitioner no specific injury had been attributed to him. As out of the ten accused persons mentioned in the FIR seven persons already stand exonerated during the investigation, therefore, the question regarding culpability of the present petitioner requires further probe at this stage. The investigation of this case has already been finalized and a Challan has been submitted and despite framing of a charge by the trial court no prosecution witness has so far got his statement recorded during the trial. The petitioner is behind the bars since 04.06.2015 and his continued incarceration is not likely to serve any beneficial purpose at this stage.
4. For what has been 'discussed above 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, Kaleem Ullah petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs. 2,00,000/- (Rupees two hundred thousand only) with two sureties each in the like amount to the satisfaction of the trial court.