' In support of this petition. Learned counsel for the petitioner submits that according to the F.I.R..
Petitioner was armed with .12 bore gun, he fired a shot which hit Mubarik Shah one of the deceased on his left arm, that according to the post-mortem report of Mubarik Shah deceased there is no injury whatsoever on the left arm of Mubarik Shah with fire-arm, that no incriminating weapon of offence was recovered from the petitioner, that he was found innocent in two investigations and ultimately also by A.S.P. And that case of the petitioner is of further inquiry falling under subsection
(2) of section 497, Cr.P.C. He, has relied upon 1978 SCM R 285 and 2000 PCr.LJ 2065.
2. On the other hand, learned counsel for the State assisted by learned counsel for the complainant submits that petitioner is named in the F.I.R., he was armed with .12 bore gun, he caused an injury, he was arrested about three months back, that statements of the witnesses were recorded under section 161, Cr.P.C. In which they implicated the present petitioner and his case is covered by the prohibitory clause of section 497(1), Cr.P.C.
3. Azhar Abbas, S.-I./S.H.O., Police Station Laksian present in Court submits that no weapon was recovered from the petitioner during the course of investigation and he was found innocent by two Investigating Officers including A.S.P.
4. After having heard the learned counsel for the parties. Going through the F.I.R., post-mortem report of Mubarik Shah deceased, specially diagram of injuries, there is no injury whatsoever what to talk about the left arm but also not a fire-arm, all the injuries either on abdomen. Spinal card or on the left thigh. Moreover, petitioner was also found innocent by two Investigating Officers including the A.S.P., no weapon of offence was recovered from him. I am of the considered opinion, that bail to the petitioner is now his right and the same is covered by subsection (2) of section 497, Cr.P.C. Which cannot be held as punishment. In this view of the matter, this petition is accepted.
Petitioner is allowed bail subject to furnishing bail bonds to the tune of Rs,50,000 (fifty thousand) with two sureties in the like amount to the satisfaction of learned trial Court.