' MUHAMMAD AHSAN BHOON, J.--- Petitioners (Zulfiqar Ali son of Sher Muhammad and Riaz Ahmad son of Allah Ditta) seek post-arrest bail in case F.I.R. No,246 of 2007, dated 17-7-2007 offence under sections 396 and 397, P.P.C. Registered with Police Station, Satghara, District Okara, regarding an occurrence which took place at 1-30 a.m. In the night between 16/17-7-2007, wherein one Mst.
Khurshid Bibi, lost her life, whereas Mst. Irshad Bibi was injured.
2. Learned counsel for the petitioners contends that petitioner is not nominated in the F.I.R., supplementary statement was made by the complainant on 20-7-2007 even in that statement petitioner was not nominated as accused and he was arrayed as accused in another supplementary statement, dated 15-9-2007 made by the complainant after about two months of the occurrence and there is no source of information, as to how he came to know about involvement of petitioner in the occurrence and even in that statement it was alleged that the occurrence was committed by the accused at the behest of the petitioner. Mst. Irshad Bibi, injured P.W. Has made statement under section 164, Cr.P.C., wherein she has exonerated the petitioner from the crime.
3. Learned Deputy Prosecutor-General assisted by the learned counsel for the complainant states that F.I.R. Is only to set law in motion as each and every detail cannot be given therein. Statement of Mst. Irshad Bibi, injured P.W., was recorded on the same day, wherein she attributed specific role to the petitioner. The investigation in the case was conducted dishonestly and petitioner was declared innocent due to extraneous consideration by the Investigating .Officer, challan has been submitted before the Court and trial is likely to commence and even at this stage the accused is tampering with the prosecution evidence as he has procured the statement under section 164, Cr.P.C. Of Mst. Irshad Bibi. Learned counsel has relied upon judgments Naseer Ahmed v. The State PLD 1997 SC 347 and Sardar Munir Ahmed Dogar v. The State PLD 2004 SC 822.
4. After hearing the learned counsel for the parties and going through the record, I have found that petitioner is not nominated in the F.I.R., he was not nominated even in the first supplementary statement made by the complainant after three days of the occurrence and thereafter he was nominated as accused in second supplementary statement recorded after about two months, wherein the complainant had not attributed any effective role to the petitioner rather he mentioned that A occurrence was committed at the behest of petitioner and his co-accused. No doubt the name of the petitioner is mentioned in the statement of 161, Cr.P.C. Made by the Mst.
Irshad Bibi, injured but at the same time in her statement under section 164, Cr.P.C.,, she has exonerated the petitioner. It would be pertinent that when the statement of Mst. Irshad, injured dated 17-7-2007 was there, why petitioner was not accused from day one. I would not like to comment upon the evidentiary value of the both statements at this stage, which may prejudice the case of either party. During the course of investigation nothing was recovered from the petitioner, he was declared innocent by the Investigating Officer, his name has been placed in Column No,2.
The police opinion is not binding upon the Court, yet it can be given weight for the purpose of bail; if same is based on sound reasoning as in present case. Although challan has been submitted in the Court, yet the charge has not been framed. The judgment relied upon by the learned counsel for the complainant are not applicable to the facts and circumstances of the present case are distinguishable.
5. Keeping in view the above explained facts and case of the petitioner falls within ambit of subsection 497, C Cr.P.C. Resultantly, this petition is allowed and petitioner is granted post-arrest bail subject to his furnishing bail bonds in thesum of Rs,1,00,000 (Rupees one lac only) with one surety each in the like amount to the satisfaction of the learned trial Court