CH. IJAZ AHMAD, J.- The petitioner is involved in a case in FIR No.519/95, which was registered u/Ss.
324, 365, 379, 148/149 PPC. Subsequently it was converted into Section 302 PPC. The occurrence took place on 31-10-1995. The FIR was registered on 1-11-1995.
2. The learned counsel of the petitioner contended that no injury is attributed to the petitioner. The only allegation against the petitioner is that he was present at the time of occurrence alongwith 12- bore gun. The petitioner was arrested on 23rd June, 1996 and the Investigating Agency failed to recover weapon ol offence from the petitioner.
He further argued that the case of the petitioner falls u/S. 497(2), Cr.P.C. The learned State counsel opposed the bail strongly. He argued that 96 pallets were received at the spot. He further stated that the petitioner was present at the time of occurrence alongwith his- respective weapon, therefore, all the ingredients of Section 149 PPC are attracted and the petitioner does not deserve any concession of bail.
3. I have given my anxious consideration to the contentions of the learned counsel of the parties.
From the contentions as well as from the record, it reveals that the petitioner did not inflicted injury to any person and the prosecution failed to bring on record any cogent evidence to connect the petitioner with the actual participation in the offence especially keeping in view the circumstances that the police arrested him on 23rd June, 1996 and failed to recover any weapon of offence from him.
4. In view of these circumstances, the case of the petitioner falls under the category of further enquiry. It is also well-settled principle of criminal jurisprudence that the bail is not to be withheld as punishment, as is held in Manzoor Ahmad's case (PLD 1972 S.C. 81 & PLD. 1968 S.C. 349).
5. In such circumstances, the petitioner is granted bail subject to his furnishing bail bonds in the sum of Rs.3,00,000/- with two sureties in the like amount to the satisfaction of the AC/Duty Magistrate, Pakpattan. It is clarified to the petitioner that in case the petitioner fails to appear before the trial Court, then this concession of bail shall automatically stand cancelled. The learned Trial Court at the time of deciding the case will not influence by the observation of this Court.
6. With these observations, the Crl. Miscellaneous is disposed of.