' Misal Din petitioner aged about 22 years was arrested on the 24th of May, 1995 in pursuance of a case registered against him vide first information report No,47/95 dated the 24th of May, 1995 recorded under section 302, P.P.C. At Police Station Rojan of District Rajanpur, regarding an occurrence which took place on the same day in the area of Mauza Wah Machka which is about 10 kilometres from the said police station.
' The specific allegation against the petitioner is to the effect that while armed with a .30 bore pistol he proclaimed that Mst. Zaindagh deceased wife of his brother complainant Fazal Din was ( 8 I;) with one Ali Nawaz, which means that she was having an extra marital relationship with him and therefore, has shot her dead.
3. Complainant Fazal Din husband of Mst. Zaindagh deceased as well as Umar Baldish and Muhammad Bakhsh who were cousins inter se and uncles of the deceased and were named as eye-witnesses in the first information report have sworn affidavits .To the effect that the case against the petitioner is false. More specifically, Fazal Din complainant has sworn an affidavit to the effect that he lodged a case against Misal Din petitioner on the basis of suspicion while Umar Bakhsh and Muhammad Bakhsh have stated that they were not present at all at the time of the alleged occurrence.
4. Legally, the ultimate result is that on the prosecution's own showing reasonable grounds to believe that the petitioner has been guilty of an offence punishable with death or imprisonment for life do not exist. It is now settled law that the import of the expression reasonable grounds is necessarily higher than mere suspicion. No reasonable man in normal, reasonable circumstances can reasonably hold and equate mere suspicion with reasonable grounds. It is also settled law that where reasonable grounds to believe that a person is guilty of an offence punishable with death or imprisonable for life or imprisonment for 10 years do not exist as envisaged in subsection (1) of section 497, Cr.P.C. Then it necessarily follows that subsection (2) of section 497, Cr.P.C. Will come into operation which lays down another principle that where the reasonable grounds to believe that a person is guilty of an offence as mentioned in subsection (1) of section 497, Cr.P.C. Do not exist but there may be ground for "further enquiry" then the grant of bail will follow almost as a matter of right and not grace or concession.
5. Resultantly, the petitioner is granted bail provided he furnishes bail bonds in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate of Rojhan.