1. ' AFRASIAB KHAN, J.---A case under section 452/364/324/ 334/148/149, P.P.C. Was registered against Muhammad Ramzan alias Manoon and others with Police Station Samma Satta, District Bahawalpur at the instance of Muhammad Iqbal. Ghulam Muhammad, Nazar Muhammad, Fida Hussain, Allah Ditta and Hameed while armed with hatchets were alleged to have entered into the house of the complainant. Abid, Haji Ahmad and Nazar were also with them to participate in the occurrence. Muhammad Iqbal was dragged out of his house. He was given injuries by the accused.
2. The petitioner was not allowed bail by the learned Trial Court vide order dated 12th of January 1995.
3. His bail petition was also dismissed by a learned Judge in the Lahore High Court vide his order dated 17th of July 1995. This petition seeking leave to appeal has been instituted.
4. ' Learned counsel submits that no overt act was attributed to the petitioner during the occurrence.
5. Bail application was opposed by the learned State Counsel.
6. After hearing the learned counsel for the parties and perusing the record, we do find that this is a case of further inquiry inasmuch as the petitioner did not physically participate in the incident. He was also found to be innocent by the Investigating Agency. His mere presence at the spot and receipt of cut off arm of the complainant would not deprive him of the bail facility under section 497, Cr.P.C. In such a situation, this petition is converted into appeal and allowed. In the result, the petitioner is admitted to bail in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of AC/Ilaqa Magistrate, Bahawalpur.