Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Bail, grant of---Further inquiry---Accused had initially been mentioned in the FIR as an eye-witness of the occurrence and not as one of the culprits---After one day of registration of the FIR the status of accused had been transformed into a culprit on the basis of a statement made by the mother of deceased---Perusal of the FIR showed that the mother was not residing with the deceased at the time of the alleged occurrence and she ordinarily resided in another city---Mother of deceased had made her statement in respect of the present case on the basis of some information supplied to her by some other persons---Investigating agency had concluded that it was only the co-accused who had caused all the injuries to the deceased but that involvement of the accused in the murder could not be ruled out of consideration in one capacity or the other---Case against the accused called for further inquiry into his guilt within the purview of S.497(2), Cr.P.C.---Investigation of the case had already been finalized and a challan has been submitted and, thus, physical custody of accused was not required at present stage for the purposes of investigation---Accused was granted bail accordingly. THIS ORDER PASSED BY: ASIF SAEED KHAN KHOSA, JUSTICE:----------------- Through this petition Ghulam Qadir petitioner has sought leave to appeal against the order dated 17.12.2015 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No. 14183-B of 2015 whereby post-arrest bail was refused to him in case FIR No. 222 registered at Police Station Noorpur, District Khushab on 11.07.2015 in respect of an offence under section 302, P.P.C. read with section 34, P.P.C. 2. After hearing the learned counsel for the parties and going through the record we have straightaway observed that the petitioner had been mentioned in the FIR as an eye-witness of the occurrence and not…

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