' Siraj Din petitioner aged about 41 years was arrested on the 21st of August, 1997, and is in jail ever since, in pursuance of a case registered against him vide F.I.R. No,246 of 1997, dated the 19th of August, 1997, under sections 302, 148 and 149, P.P.C. At Police Station Allahabad of District Kasur, regarding an occurrence which took place on the 19th of August, 1997 at about 2-00 p.m. In the precinct of Police Station Allahabad where the F.I.R. Was lodged on the same day at about 4-00 p.m. By Muhammad Ramzan, brother of Muhammad Sabir deceased who was allegedly done to death by physical torture while he was in police custody of the said police station.
2. Admittedly, A.S.-I. Siraj Din does not belong to this police station and was imported from another police station. Be that as it may, as Additional Superintendent of Police, namely, Tauqir Hayat during the investigation conducted by him came to the definite opinion recorded in Zimni No,31, dated the 28th of November, 1997 that Sub-Inspector Muhammad Amin of Police Station Allahabad was responsible for the custodial killing of Muhammad Sabir and Siraj Din was exonerated.
Furthermore, complainant Muhammad Ramzan and the 3 eye-witnesses mentioned in the F.I.R.
Namely, Muhammad Ijaz, Munir Ahmad and Aman Ullah have sworn affidavits and had their statements recorded under section 164, Cr.P.C. Exonerating the petitioner.
3. Thus, reasonable grounds to believe that the petitioner is guilty of an offence punishable with death prima facie do not seem to exist. However, the case against the petitioner may be matter of further enquiry within the meaning of subsection (2) of section 497, Cr.P.C. Which entitles him to the grant of bail.
4. 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 IA satisfaction of the trial Court.