1981 P Cr (PLP)

Criminal Miscellaneous No. 960/13 of 1981, decided on 22nd April, 1981 --S. 497-Bail, grant of-Although investigation indicating otherwise and petitioner found innocent but challaned only because prosecution also levelled allegation against him-Case of petitioner, held, required further-inquiry, in circumstances-Petitioner allowed bail. Ch. Muhammad Farooq for Petitioner. Muhammad Arshad Khan for the State In continuation of my order dated 7th April, 1981, the Police Officer has brought the Police record. The matter was first investigated by the local police and while it was being investigated, the investigation was transferred to a Sub-Inspector of C.I.A Staff. The details of facts of this case have been given by me in my order dated 29thMarch, 1981 in Cr. M. No. 727-B of 1981. About Muhammad Ashiq petitioner, S.I., C.I.A. Staff, in his final report dated 26th November, 1980 had concluded that in respect of him independent witnesses had made sworn statements to the effect that Muhammad Ashiq petitioner was not present on the spot but he had been implicated in the instant case due to election rivalry. Thereafter, the Investigating Officer wrote that he himself investigated about the part ascribed to Muhammad Ashiq petitioner secretly and arrived at the con clusion that he had not participated in the occurrence, and was present at Faisal Colony, Pattoki, at the time of the occurrence which had no con nection with the spot and that he was innocent. Then the record shows that this report was examined by P.D.S.P. and the P.D.S.P. was of the view that the investigating Officer of C.I.A. Staff had wrongly considered Muhammad Ashiq petitioner as innocent and placed him in Column No.

2. It is argued by learned counsel that the Investigating Officer of C. I. A. Staff was the second Investigating Officer in the instant case and be after his investigation had categorically arrived at the conclusion that Muhammad Ashiq petitioner had not participated in the occurrence and, therefore, he placed him in Column No.

2. In other words, it is submitted that although the investigation indicated otherwise, and Muhammad Ashiq petitioner was placed in Column No. 2 by the Investigating Officer, he was included as a member of the accused party by the P.D. S.P. not for any cogent reason but only because the prosecution had levelled allegation also as against him. It is, therefore, urged that a case was made out for his being released en bail. Since this is the position according to the record, and his case requires further inquiry. Muhammad Ashiq petitioner is admit ted to bail subject to his furnishing security in the sum of Rs. 30,000 with two sureties each in the like amount to the satisfaction of the A. C., Kasur. This petition is disposed of. Bail allowed.