Through this petition under Section 497 Cr.P.C. Muhammad Aslam petitioner seeks post arrest bail in case F.I.R. No, 175 dated 18.6.2008 registered under Section 302/34 PPC at Police Station Sahooka District Vehari on the application of Shafi Muhammad with the allegation that Irshad made successive fires with pistol hitting Abdul Qayyum deceased on both the shoulders while the petitioner along with Mohabbat Ali co-accused caused blows to the deceased with the butts of their respective weapons.
2. Learned counsel for the petitioner submits that the petitioner has been involved in. this case on account of enmity with the complainant party and according to allegation in the F.I.R. although the petitioner was shown to be armed with 12 bore gun, but he along with the co-accused was only alleged to have caused injuries to the deceased with the butt of the gun at the time of occurrence; that during the investigation the version of the prosecution was found false in the light of the evidence produced by the petitioner and he was declared innocent, discharge report was also prepared and submitted before the Ilaqa Magistrate, but while disagreeing with the report he directed to submit challan against the petitioner in the Court, therefore, the case to the extent of the petitioner is of further inquiry, who may be enlarged on bail.
3. Learned DPG admits that during the investigation the petitioner has been found innocent and discharge report in this behalf was also submitted before the Ilaga Magistrate, but he disagreed with the same. However, learned counsel for the complainant submits that the petitioner is named in the F.I.R. with specific role of causing injury to the deceased and the complainant had no motive to falsely involve him in this case, and that the opinion of the police is not binding on the Court and as the offence falls within the prohibitory clause of Section 497 Cr.P.C., the petitioner is not entitled for the concessions of bail.
4. I have heard the learned counsel for the parties and also erused the record. There is the general allegation against the petitioner that he along with Mohabbat All co-accused caused injuries to the deceased with the Butts of their respective weapons while firearm, injuries on the person of the deceased are specifically attributed to Irshad co-accused. Admittedly during the investigation sufficient evidence was produced by the petitioner in support of his innocence and relying thereupon the Investigating Agency has declared him innocent and also submitted discharge report in this behalf, but the learned Magistrate has disagreed therewith. No doubt the police opinion is not binding on the Courts, but the same can be relied upon at bail stage if it is found to be based on valid reasons and keeping in view the role attributed to the petitioner, who did not cause any firearm injury in spite of being allegedly armed with .12 bore gun, for the time being the petitioner has succeeded in making out a case of further inquiry. The veracity of the prosecution version regarding involvement of the petitioner will be determined by the learned trial Court after recording the evidence. The petitioner is in the judicial lock up and is not required for the purpose of further investigation. It is settled law that benefit of doubt at any stage has to go to the accused and bail cannot be withheld merely as a punishment. Hence, this petition is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court.