1. MUHAMMAD AFZAL ZULLAH, C.J.---This appeal through leave of the Court is directed against the grant of bail to the respondent in a case of murder. Leave to appeal was granted amongst others to examine the question: whether mere need for further inquiry would entitle the respondent to bail under section 497(1), Cr.P.C.; without there being finding that "there are no reasonable grounds for believing that the accused has committed a non-bailable offence". Thus the case of the respondent did not fall within subsection (2) of Becton 497, Cr.P.C. Therefore, he was not entitled as of right to bail. On the question of merits generally, it has been agreed, this Court should not make any comment. It might prejudice one or the other party.
2. Regarding the aforenoted legal questions the learned Advocate General N.-W.F.P. Has stated that in future he would himself appear in the High Court in bail matters arising out of murder cases and that he would, in cases like the present one, plead the need for a finding to the effect that there are "no reasonable grounds for believing that the accused has committed a non-bailable offence", if the bail is to be granted on the plea of "further inquiry". He has also undertaken to place before the Honourable Judges of the High Court the law laid down by this Court on this question.
3. In this case there is an additional ground. The complainant side has also pleaded that the respondent had misused the concession of bail by threatening the witnesses. A report was also lodged in this behalf in the police station on 20-1-1991; a copy whereof has been placed on record.
4. Not only this a Sub inspector having appeared before this Court has categorically stated that the proceedings have also been taken by the police under sections 107 and 151, Cr.P.C.
5. Taking all the circumstances into consideration we are of the view that the respondent was not entitled to bail. The same, accordingly, is cancelled. He is already in custody. The State shall take