Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860) S. 109--Bail, grant of--Further inquiry--Accused was not found to be present at spot--Conflict between ocular account and medical evidence--No injury on the back of deceased except injury which was one of left side of buttock of deceased and that can be attributed to co-accused who opened the fire--No recovery had been affected from the accused--Case u/S. 109, PPC of accused was treated of further inquiry falling u/s. 497(2), Cr.P.C.--Bail was allowed. THIS ORDER PASSED BY: KH. MUHAMMAD SHARIF, CHIEF JUSTICE---.--- Learned counsel for the petitioner submits that petitioner has been falsely implicated, that according to the report u/S. 173 Cr.P.C. petitioner was accused of Section 109 PPC and was not found to be present at the spot, that no recovery was affected from him, that there is clear conflict between ocular account and medical evidence and that his case is one of further inquiry falling under sub-clause (2) of Section 497 Cr.P.C. 2. Learned Deputy Prosecutor General submits that petitioner is named in the F.I.R, that specific role is attributed to him, that two empties cartridges of 12 bore gun were recovered from the spot and the offence alleged against him falls within the ambit of Section 497 (1) Cr.P.C. 3. Heard. In the instant case, three accused, namely, Khalid armed with pump action,…

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