' Through this petition Phullan petitioner has sought post-arrest bail in case F.1.R. No,435 registered at Police Station City Rajanpur on 11-11-1999 for offences under sections 302/34/109, P.P.C.
2. After hearing the learned counsel for the parties and going through the documents appended with this petition it has been noticed that admittedly the occurrence in this case had taken place in the early hours of a November morning and the petitioner had not bccn nominated in the FIR. As one of the perpetrators of the offences in question.
' During the investigation the Investigating Officer had allegedly recovered a bicycle, an empty cartridge and some burnt pieces of cigarettes at the instance of the present petitioner. One Mst.
Pairi had made a statement before the Investigating Officer on 27-11-1999 i,e, after 16 days of the occurrence to the effect that she had seen the present petitioner running away at a place in the outskirts of the village soon after the occurrence and at that time the petitioner was empty- handed. In the absence of any direct evidence implicating the present petitioner in the alleged offences the prosecution is presently relying only upon the above mentioned circumstantial evidence so as to connect the present petitioner with the said offences. The worth and evidentiary value of the above mentioned pieces of circumstantial evidence shall be gone into by the learned trial Court at the time of the trial on the basis of the evidence to be led before it. The investigation regarding the present petitioner has already been finalized and the petitioner is languishing in jail for the last about eighteen months.
3. For what has been discussed above the case against the petitioner calls further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs,50, 000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.