1995 P Cr (PLP)

S. 497(2)

Penal Code (XLV of 1860), S.302/34/109

Bail, grant of-- Accused after having been repeatedly found innocent in the case was placed in column No.2 .of the challan submitted in the Court

Injury attributed to the accused was on the leg of the deceased which seemed to be simple in nature-- Case of accused, thus, was one of further inquiry within the meaning of S.497(2), Cr.P.C. which entitled him to the grant of bail

Accused was allowed bail accordingly. Ch. Muhammad Nawaz Sulehria for Petitioner. Syed Ali Raza for the State. ZA. Qudusi for the Complainant. Ali Abbas alias Babbal petitioner was arrested on the 15th of June, 1994 in pursuance of a case registered against him vide F.I.R. No.18/94, dated the 8th .of February, 1994 registered at Police Station Lessar Kalan, District Narowal alleging offences under section 302/34 read with section 109, P.P.C.

2. The specific role assigned to the petitioner is that while he was armed with a pistol with which he fired at the deceased and caused injury on the left leg of the deceased. Bail is sought on the ground that the petitioner has been found to have been falsely involved and has, therefore, been declared innocent by the investigation conducted first by the local police and then by the Superintendent of Police, Range Crime, Gujranwala and has, therefore, been placed in Column No.2 of the challan.

3. Learned counsel appearing for the State has not controverted this factual assertion made by the learned counsel for the petitioner and has confirmed that Ali Abbas alias Babbal petitioner has in deed been found to be innocent both by the local police as well as the Superintendent of Police, Range Crime, Gujranwala. The challan has already been submitted in Court and the case is now awaiting trial. Learned counsel appearing for the complainant has argued that superior Courts are not bound by the opinion of Police Officers and, therefore, the petitioner should not be granted bail merely on the basis of the opinion of Police Officer.

4. It is now settled law that Courts are not bound by the ipsi dixit of the police in the matter of grant or refusal of bail and must exercise their own independent judicial discretion. However, it is equally settled law that where the Investigating Agencies are themselves in doubt regarding the culpability of A an accused in the commission of an offence, then the benefit of that doubt must necessarily go to the accused even at the stage of bail. In the instant case it is an admitted position that Ali Abbas alias Babbal petitioner has repeatedly been found to have been falsely involved and had, therefore, finally been placed in Column No.2 of the challan which has already been submitted in Court. The injury attributed to the petitioner is on the leg of the deceased and seems to be simple in nature. According to the doctor who performed the post- mortem examination on the deceased the two fatal injuries are on the back of 8 the chest and the front of the chest of the deceased and are described as injuries Nos.l and

2. These injuries were not caused by Ali Abbas alias Babbal petitioner. Thus, the case of the petitioner is clearly a case of further enquiry within the meaning of subsection (2) of section 497, Cr.P.C. which entitles him to the grant of bail.

5. Ali Abbas alias Babbal petitioner is granted bail provided he furnishes bail bond in the sum of Rs.50,000 with two sureties in the like amount to the C satisfaction of the Assistant Commissioner/Duty Magistrate/Trial Court; Narowal. N.H.Q./A-476/L Bail allowed.