KHIZAR HAYYAT J.-This is a petition for grant of bail on behalf of Abdul Rehman petitioner, who stands arrested in a case F.I.R No. 96 dated 5.8.1993 under Section 109, 302/34 P.P.C, registered at Police Station Wan Bhachran District Mianwali, at the instance of Ata Muhammad, the brother of Ahmad Khan deceased in the case.
2. According to the F.I.R, the father of Abdul Rehman petitioner had to realise some amount from Ahmad Khan deceased. On demand of the same Ahmad Khan abused him. In order to take revenge of the insult from Ahmad Khan four accused persons namely, Haji Dhapra, Abdul Rehman petitioner and two others armed with 12 bore gurts went to the dera of Munshi and fired at him. The shot fired by Haji Dhapra hit Ahmad Khan deceased in the abdomen as a result of which he died at the spot.
3. During the investigation the petitioner who allegedly had a motive against the deceased was found innocent by Abdul Khaliq D.S.P, vide his case diary recorded on 1.9.1993. However, ultimately the petitioner has been challaned to Court placing his name in column No. 3.
4. I have heard learned counsel for the petitioner as well as the State and have also perused the record. Admittedly the petitioner has been found innocent by the local police as well as by Abdul Khaliq D.S.P, but the last investigating officer had found him guilty as a result whereof he had been challaned to Court. Obviously there is conflict in the findings given by the different police officers as to the guilt of the petitioner. To my mind the conflicting findings as to guilt/innocence of the petitioner by the different police officers ought to be resolved in favour of the petitioner. Hence the case of the petitioner is conversed by subsection (2) of Section 497 Cr. P.C. This petition is, therefore, allowed. The petitioner be released subject to his furnishing bail bond in the sum of Rs.
10,000/- (Rupees ten thousand only) with one surety in the like amount to the satisfaction of the Assistant Commissioner/Deputy Magistrate, Mianwali, during the pendency of the trial.