' Learned counsel for the petitioner submits that three accused were mentioned in the F.I.R., that petitioner was not named in the F.I.R., that petitioner has been implicated in this case on the statement of co-accused, namely, Riaz Abbas and that his case is of further inquiry falling under subsection (2) of section 497, Cr.P.C.
2. On the other hand, learned counsel for the State . Submits that though the petitioner was not named in the F.I.R. But during the course of investigation his co-accused Riaz Abbas had implicated him, that recovery of .12 bore gun was effected from him and offence alleged against him falls within the ambit of section 497(1), Cr.P.C.
3. I have heard learned counsel for the parties. Zafar Iqbal is the complainant, he has lodged the F.I.R., he has mentioned three accused, namely, Riaz Abbas, Muhammad Sabir and Nazar Hussain in the F.I.R., later on, Riaz Abbas accused was arrested and during the course of investigation he stated that present petitioner was also with him, a gun according to the police record was also recovered from the present petitioner. Any statement made by the accused during the course of investigation in the custody of the police is not admissible in evidence. As far as, recovery is concerned, no crime empty was matched with the gun recovered on the pointation of the present petitioner. Petitioner is not named in the F.I.R. And to my mind, his case is of further inquiry falling under subsection (2) of section 497, Cr.P.C., therefore, this petition is accepted. Petitioner is allowed bail subject to furnishing bail bonds to the tine of Rs.50,000 (Fifty thousand) with two sureties in the like amount to the satisfaction of trial Court.
Bail ,Mowed.