ASIF SAEED KHAN KHOSA, J.--- Criminal Miscellaneous Application No. 376-L of 2017 For the reasons mentioned in this miscellaneous application the same is allowed and the delay in filing of Criminal Petition No. 994-L of 2017 is condoned. Disposed of.
Criminal Petition No. 994-L of 2017 Through this petition Muhammad Iqbal alias Bala Bandri petitioner has sought leave to appeal against the order dated 22.03.2017 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No. 1365-B of 2017 whereby post-arrest bail was refused to him in case FIR No. 1325 registered at Police Station Shandara, District Lahore on 17.07.2016 in respect of offences under sections 302, 354, 147, 148 and 109, P.P.C.
After hearing the learned counsel for the parties and the complainant appearing in person and having gone through the record of investigation with their assistance we have observed that according to the prosecution the petitioner was armed with a hockey stick and he had caused a blow with that stick near the nose of Khadim Hussain deceased. The FIR itself shows that Khadim Hussain deceased was not the subject of the initial assault and it was Khadim Hussain deceased himself who had interfered in a brawl already taking place between the petitioner and others on the one side and their adversaries on the other. The injury allegedly caused by the petitioner to the deceased had not proved fatal. The petitioner was not directly connected with the motive set up in the FIR. The hockey stick allegedly recovered from the petitioner's custody during the investigation was not stained with blood. The incident in issue prima facie appears to be a result of a sudden occurrence developing at the spur of the moment and in the initial report under section 173, Cr.P.C, the allegation leveled against the petitioner was in respect of an offence under section 322, P.P.C. and not under section 302, P.P.C. but at some subsequent stage a Challan was submitted for an offence under section 302(b), P.P.C. The petitioner had been arrested in connection with this case on 11.08.2016, i.e. more than a year ago and during the interregnum the investigation of this case has already been finalized and a Challan has been submitted and, thus, physical custody of the petitioner is not required at this stage for the purposes of investigation.
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 the 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 two sureties each in the like amount to the satisfaction of the trial court.