1984 P Cr (PLP)

(b) Criminal Procedure Code (V of 1898)- --S 497 (2)-Further inquiry, considerations for. For the purpose of further inquiry the Court has to take into considera tion the F. I. R, statements of the witnesses recorded tinder S. 161, Cr. P. C., statements of the witnesses recorded under section 164, Cr. P. C. the plea of the accused taken during investigation, the evidence produced by him in defence and the opinion formed by the investigating officer on the basis of the material collected by him and thereafter keeping in mind the cumulative effect the Court would see whether the case requires further inquiry or not. Q. M. Saleem and Begum Rehana Sarwar for Petitioner. This is an application for bail on behalf of Nisar Ali petitioner is a case under section 302/34, P. P. C. registered at Police Station Chakwal vide F. I. R. No. 203 dated 20th November, 1981.

2. The prosecution case is that the petitioner and Abdul Khaliq in furtherance of their common intention attacked Azhar Ali and thereby caused his death on 20th November, 1981 in the area of Purana Bazar. As for the petitioner it has been alleged that he was sitting with his co-accused and when the deceased passed from there be gave him a simple injury with his dagger.

3. Learned counsel for the petitioner submits that the S. P. found the case against the petitioner doubtful and that the petitioner did not give any, fatal blow to the deceased. The learned State counsel has, vehemently opposed this application on the grounds that it is a case of prompt F. I. R., name of the petitioner is mentioned in the F. I. R. specific role has been attributed to him and lastly, the opinion of the police is not binding upon the Courts.

4. After hearing the learned counsel for the parties, I find that the S. P. has declared that the- case against the petitioner is doubtful, the injury caused by him is simple, and that the opinion of the police A although not binding upon the Courts is very such relevant for the purpose of bail as the same puts the Courts to further inquiry. The/ mere fact that the petitioner has not been placed in column No. 2 to my mind, is immaterial. For the purpose of further inquiry the Court has to take into consideration the F. I. R, statements of the witnesses record under section 161, Cr. P. C. statements of the witnesses recorded under section 164, Cr. P. C. the plea of the accused taken during investigation, B the evidence produced by him in defence and the opinion formed by the investigating officer on the basis of the material collected by him and there after keeping in mind the cumulative effect the Court would see whether the case requires further inquiry or not. For what has been stated above I am of the opinion that the case of the petitioner needs further inquiry. Accordingly, he is allowed bail subject to his furnishing bail bond in the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of the Assistant Commissioner, Chakwal. M. A. K. Bail granted.