2002 PLP 942 (YLR)

‑‑‑‑S.497‑‑‑Bail, grant of‑‑‑Opinion of Investigating Officer‑‑Value ‑‑‑Nature‑ Opinion of the police may not be binding upon the Courts but at the same time it is very relevant for purposes of determination of bail matters. Manzoor Hussain v. The State PLD 1972 SC 81 ref. Altaf Ibrahim Qureshi for Petitioner. Javed Iqbal for the State. Liaqat Ali alias Bagga petitioner has sought his post‑arrest bail in case F.I.R. No. 198 registered at Police Station Gaggo, District Vehari on 5‑6‑2000 for offences under sections 302/452/109/34, P.P.C.

2. Briefly, the fact as given in the F.I.R. are that the complainant was invited by Muhammad Yaqoob deceased, his brother to spend the night with him as certain matters were to be discussed. At about 1‑00 a.m. the petitioner armed with pistol, Amjad armed with a stick and Ashfaq armed with a rifle trespassed the house of the deceased and by raising lalkara woke up Muhammad Sajjad nephew of the complainant. It is further stated that the accused were identified in the light of a electric bulb and during occurrence Muhammad Amjad accused gave a sota blow on the head of the deceased who fell down. Thereafter, Muhammad Yaqoob‑deceased was dragged by the accused out of the house into the street and the petitioner who was armed with a pistol allegedly twice fired at Muhammad Yaqoob who succumbed to the injuries.

3. After his arrest the petitioner is in the judicial lock‑up.

4. I have heard the learned counsel for the parties at length and have also perused the record of the case. Admittedly, it is a night occurrence and the complainant lived at a different place and came to the house of the deceased on the night of the occurrence per chance. After the arrest of the petitioner nothing was recovered from him and during successive investigation the petitioner was found innocent and a discharge report was prepared vis-a‑vis the petitioner which was submitted before the Area Magistrate on 29‑9‑2000. However, the Magistrate did not agree with the same. The opinion of the police may not be binding upon the Courts but at the same hand it is very relevant for the purposes of determination of bail. Reliance is placed on the case of Manzoor Hussain v. The State (PLD 1972 S.C. 81).

5. For what has been discussed above I am of the opinion that the allegation against the petitioner needs further probe and inquiry within the ambit of subsection (2) of section 497, Cr.P.C. Therefore, I admit the petitioner to bail subject to his 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. S.M.A.H./L‑41/L Bail granted.