This petition for leave to appeal was filed by Faqir Hussain against an order of the Lahore High Court refusing him post-arrest bail in a case involving offences under Sections 302, 148, 149, 109, 337-A(i), 337-F(i), and 337-L(2) PPC. The core legal question was whether the petitioner was entitled to post-arrest bail under Section 497(2) Cr.P.C. owing to lack of direct connection to the fatal injury and unproven allegations. The Supreme Court observed that the injuries attributed to the petitioner against surviving victims were bailable, he had not inflicted any injury on the deceased, and the allegations of abduction and forced drowning were found untrue during police investigation as recorded in the Section 173 Cr.P.C. report. Additionally, despite earlier judicial directions, no progress was made in the trial. The Supreme Court converted the petition into an appeal, allowed it, and granted post-arrest bail, establishing that where primary severe allegations are disproved during investigation and remaining allegations relate to bailable offences, the case falls within the ambit of further inquiry under Section 497(2) Cr.P.C.
' ASIF SAEED KHAN KHOSA, J.---Through this petition Faqir Hussain petitioner has sought leave to appeal against the order dated 29-11-2012 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No,15885-B of 2012 whereby post-arrest bail was refused to him in case F.I.R. No,865 registered at Police Station Chuhng, District Lahore on 20-8-2011 in respect of offences under sections 302/148/149/109, P.P.C. During the investigation sections 337- A(i), 337-F(i) and 337-L(2), P.P.C. Had been added to the F.I.R.
2. After hearing the learned counsel for the parties at some length and going through the record of investigation with their assistance we have found that the first allegation levelled against the petitioner in the F.I.R. Was that he and his co-accused had collectively given a beating to Kaleem Ullah and Sami Ullah P.Ws. According to the medical evidence collected during the investigation all the injuries sustained by the said injured victims attracted offences which are bailable. The next allegation levelled in the F.I.R. Was that a co-accused of the petitioner namely Ishfaq had given an injury to Rehan deceased with the butt of his rifle and it is admitted at all hands that the petitioner had not caused any injury to the deceased at all. The third allegation levelled in the F.I.R. Was that the petitioner and his co-accused had abducted Rehan deceased and we have noticed in this context that the provisions of section 365, P.P.C. Were neither invoked in the F.I.R. Nor any charge has so far been framed against the petitioner for such an offence. Apart from that during the investigation it had been found by the investigating agency that the story regarding abduction of the deceased by the petitioner and his co-accused was unfounded and this is so mentioned in the report submitted under section 173, Cr.P.C. The fourth and the last allegation levelled in the F.I.R. Was that the petitioner and his co-accused had made Rehan deceased to drown in a nearby river but even that part of the story was found by the investigating agency to be untrue and this finding of the police is also specifically recorded in the report submitted under section 173, Cr.P.C. The investigation of this case has already been finalized and a Challan has been submitted and, thus, physical custody of the petitioner is not required at this stage for the purposes of investigation. We note that this Court as well as the Lahore High Court, Lahore have already issued directions to the learned trial court to conclude the petitioner's trial by the middle of March, 2013 but so far the petitioner's trial has not witnessed any progress at all inasmuch as IA even the Charge has not so far been framed.
3. For what has been discussed above we have found that the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, converted into an appeal and the same is allowed and, consequently, Faqir Hussain petitioner is admitted to bail subject to furnishing bail bond in the sum .Of Rs,1,00,000 (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.