JAVED IQBAL, J.---This criminal petition for leave to appeal has been preferred on behalf of Muhammad Aziz (petitioner) whereby order dated 21-5-2001 has been assailed granting bail in favour of Haji Kamal Khan against whom a case was got registered under sections 302, 337-ADF, 147 and 149. P.P.C. By one Abdul Basit by means of F.I.R. No,9 of 2001 dated 26-1-2001 alleging therein that the respondent alongwith other co-accused persons duly armed with knives and Dandas visited his shop, and launched murderous assault and resultantly Han Abdul Hayee and Muhamamd Aziz sustained injuries and subsequently Haji Abdul Hayee expired on 15-3-2001 at Quetta.
2. After having heard Mr. M. Zafar learned Advocate Supreme Court on behalf of petitioner at length we are inclined to grant leave to appeal to consider the following:-
(i) Whether the concept of further inquiry can be pressed into service where sufficient incriminating material connecting the accused/respondent with the commission of alleged offence has come on record by ignoring the dictum as laid down in case titled Bashiran Bibi v. Nisar Ahmad Khan PLD 1990 SC 83 and Arbab Ali v. Khamiso and others 1985 SCM R 195?
(ii) Whether bail on the basis of further inquiry can be granted without fulfilling other conditions of subsection (2) of section 497, Cr.P.C, when accused is not entitled to get this concession in view of the law as laid down in Asmat Uilah Khan v. Bazi Khan PLD 1988 SC 621, Shah Zaman v. State PLD 1994 SC 65, Arbab Ali v. Khamiso 1985 SCM R 195 and Muhammad Sadiq v. Sadiq PLD 1985 SC 182 "Unless it is held that there were no reasonable grounds to believe that accused had committed a non-bailable offence" Mst. Rahman Jan v. Abdur Rehman 1991 SCM R 1849)?
(iii) Whether the provisions as contained in section 497(2) have been misconstrued, misinterpreted, wrongly applied or the impugned order is contrary to the principles laid down by this Court as well as those governing the safe administration of criminal justice?
(iv) Whether the medical report indicating in a categorical manner that "the deceased died of acute Heart Attack, caused by Bone Marro Embolism which is a common sequelae in such hurt i.e, fracture of neck of left femur (grievous hurt)," could have been ignored though confirmatory in nature yet supported by ocular evidence without assigning any reason by the learned High Court.
3. The appeal arising out of this petition may be fixed at the earliest after having approval of his Lordship the Honourable Chief Justice.