' FAZAL-E-MIRAN CHAUHAN, J.--- The petitioner seeks post-arrest bail in case F.I.R. No,65 of 2005 dated 13-3-2005 under section 302/34, P.P.C. Registered against him with Police Station Dajal District Rajanpur.
2. It is contended that the petitioner is innocent and has been falsely involved in this case due to enmity. In fact the deceased had developed illicit relations with Mst. Safia wife of Manzoor Hussain.
Muhammad Arif and Mst. Safia were found by Manzoor Hussain in objectionable condition and as a result of that he murdered both of them at the spot. The petitioner was not present at the spot, he was not involved in the occurrence and this fact has been verified by the Investigating Officer, who declared the petitioner innocent and also recommended to discharge him from the case. The Illaqa Magistrate by not agreeing with the discharge report dismissed the same on 8-4-2005.
Nothing has been recovered from the present petitioner during the investigation and he is not required for any further investigation: medical evidence contradicts with the ocular version which creates doubt regarding the same. Co-accused Faqeer Bakhsh had been granted bail by this Court vide order dated 22-9-2005 and case of the petitioner is at par and he is also entitled to be released on bail. Further submits that as per medical report the death of deceased Muhammad Arif took place due to fire-arm injuries caused by Manzoor Hussain co-accused. Further submits that it is a case of two views: investigation is complete and the petitioner has been declared innocent.
3. Learned counsel appearing on behalf of the State submits that the petitioner caused injury with Sarya on the head of deceased Muhammad Arif when he fell down on the ground after receiving firearm injuries caused by Manzoor Hussain. In this manner the petitioner contributed by causing injury on the head of the deceased. It is admitted that the petitioner declared innocent by the police and discharge report was prepared which was submitted for cancellation of the case. Since the lea:ned Magistrate disagreed with the same directed to submit challan against the accused and the police left with no option except to submit challan of the case. Further submits that cause of death was due to firearm injuries attributed to Manzoor Hussain.
4. I have heard learned counsel for the parties and also perused the record with their assistance.
The petitioner has been attributed a simple injury on the person of the deceased which has not been contributed to the death of the deceased. Even otherwise, the petitioner was declared innocent by the local police and a discharge report was prepared but the A learned Magistrate did not agree with the same. Though the opinion of the police is not binding on the Courts yet it can be considered for grant or refusal of bail if the same is based on some valid reasons. In this view of the matter the case of the petitioner is that of further inquiry which falls within the 1st proviso to section
497. Cr.P.C. Hence this application is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,2,00,000 (Rupees two lacs) with two sureties With one surety in the like amount to the satisfaction of the trial Court.