Manzoor Ahmad Malik, J.--Through this petition, petitioner impugns order dated 17.07.2017 passed by the Lahore High Court, Lahore whereby his post arrest bail application was dismissed in case FIR No, 23/2017 dated 23.01.2017 registered under Sections 302/148/149, PPC at Police Station Satgharra, District Okara.
2. Briefly stated the facts of the case are that petitioner while armed with a hatchet alongwith his eight other co-accused assaulted Muhammad Ikram son of the complainant and inflicted injuries, who died in the way to the hospital. Specific allegation against Nazeer Ahmad petitioner is that he gave a hatchet blow at the right ear of Muhammad Ikram (deceased).
3. After hearing the learned counsel for the parties and perusal of the record, it has been observed by us that the allegation against the petitioner is of causing injury at the right ear of the deceased with hatchet blow but the doctor who conducted postmortem examination of the deceased observed that this injury was caused by blunt means. Moreover, during the course of investigation, it was concluded that though petitioner was present but he was empty handed and as such nothing was recovered at the instance Of the petitioner. Co-accused of the petitioner namely Muhammad Nawaz who was assigned the role of causing injury on the palm of the deceased with Sota was allowed bail by the learned High Court. All these circumstances, if taken into consideration collectively, make petitioner's case one of further inquiry within the ambit of sub- section (2) of Section 497, Code of Criminal Procedure. Therefore, this petition is converted into an appeal and the same is hereby allowed. Nazir Ahmad (appellant) is allowed bail after arrest subject to his furnishing bail bond in the sum of Rs, 1,00,000/- (rupees one hundred thousand .only)