Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)--- Penal Code (XLV of 1860), Sections 302, 109, 148, 149 & 34---Qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly, common intention---Bail, grant of---Further inquiry---Accused had not been nominated in the FIR and during investigation his name had been introduced by way of replacement of another accused person mentioned in the FIR---Perusal of the FIR showed that it was a co-accused who had allegedly fired at and killed the deceased---Admittedly accused had not caused any injury to the deceased---Co-accused, in his statement made before the police, had not attributed any firearm injury to the accused---Investigation of the case had already been finalized and a challan has been submitted, thus, physical custody of the accused was not required for the purposes of investigation---Case against the accused called for further inquiry into his guilt within the purview of S. 497(2), Cr.P.C.---Accused was admitted to bail accordingly. THIS ORDER PASSED BY: ASIF SAEED KHAN KHOSA, JUSTICE:---.--- Through this petition Ehsanul-Haq alias Shani petitioner has sought leave to appeal against the order dated 19.01.2016 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No.15541-B of 2015 whereby post-arrest bail was refused to him in case FIR No. 65 registered at Police Station Ugoki, District Sialkot on 04.02.2015 in respect of an offence under section 302, P.P.C. read with sections 34 and 109, P.P.C. During the investigation sections 148 and 149, P.P.C. had been added to the FIR. 2. After hearing the learned counsel for the parties and going through the record we have observed that admittedly the present petitioner had not been nominated in the FIR and during the investigation his name had been introduced by way of replacement of…

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