' This is an application under section 497 of the Cr.P.C. for grant of bail after arrest by Farzand Ali, petitioner, in a case registered against him vide F.I.R. No,134 dated 27-9-1992 under section 302/34 of the Qisas and Diyat Ordinance, 1991, on the allegation that he along with his co-accused caused the death of Charagh Din by assaulting him.
2. Learned counsel for the petitioner has contended that the allegations in the F.I.R. are not supported by medical evidence and further that in the investigation conducted by the Deputy Superintendent of Police, the petitioner has been found to be innocent and a supplementary challan has also been submitted before the trial Court, in which the name of the petitioner has been placed in Column 2.
3. Learned counsel appearing on behalf of the State has opposed the grant of bail on the ground that the petitioner has been named in the and has been attributed a positive role.
4. It is not disputed by the learned counsel for the State that after the last investigation conducted by him, the D.S.P. had opined that the petitioner was innocent of the charge against him. It is also not disputed that in view of that opinion, a supplementary challan has since been submitted before the trial Court, in which the name of the petitioner has been placed in column 2. Although the submission of learned counsel for the State that the opinion formed by the Investigating Officer cannot be taken as ipse dixit and it is not binding on the Court is correct but on the present record it cannot be reasonably said that the petitioner is guilty of the offence of which he is charged. On the other hand, further inquiry into his guilt is necessary. The other co-accused of the petitioner have already been granted bail.
' In view of what has been stated above, this petition is allowed and it is directed that the petitioner shall be released on bail provided he furnishes bonds with two sureties in the sum of Rs,1,00,000 (Only Rupees one lac) each to the satisfaction of the trial Court.