' The habeas corpus petition as per my order dated 19-5-77 has already been treated as bail application in the given circumstances and thereafter notice was issued to respondent No. 1, Malik Tahir Mahmood, S. H.
0., Police Station, Qila Didar Singh who is present in the Court along with the relevant record. He admits that the accident on account of which Qurban Elahi deceased expired, took place on 9th of May 1977, afternoon, whereas the F. I. R. Was lodged on 14-5-1977 at 1-25 a.m. As admitted in the F. I.
R. The place of occurrence is at a distance of about 2-1/2 furlongs from the police station.
According to the Police Officer, since the accident was never reported to the police station, therefore, no cognisance could be taken thereof. However, after the deceased expired in the hospital on 13-5-1977 in the evening the matter was reported to him whereon, the F. I. R. Was lodged.
2. So far as Muhammad Sadiq accused is concerned he is alleged to have inflicted an injury with his dasti sota on the left side of the head of the deceased which is described to be injury No. 2 in the post-mortem examination report. According to the said report injury No. 3 has been described to be dangerous and sufficient in the opinion of the doctor to cause death in the ordinary course of nature. It is admitted by the parties that Criminal Original No. 17-C of 1977 against respondent No. 1, Malik Tahir Mahmood, S. H. O. Police Station, Qila Didar Singh is pending in this Court and notice was issued to him on 19-4-1977. The allegation as made in that criminal original is that respondent No. 1, Malik Tahir Mahmood, S. H.
0. Tried to involve Muhammad Sadiq accused in the present case, in a false case and detained him in the police station for a long time and compelled him to compromise the matter pending between him and one Abdul Waheed who is also respondent No. 2 in the criminal original. I am not in a position to observe as to whether the allegations levelled in the criminal original are correct or not. The fact however, remains that notice was issued to Malik Tahir Mahmood, S. H.
0. In that petition on 19-4-1977 whereas the F. I. R. Was lodged on 14-5-1977 involving Muhammad Sadiq.
3. In the circumstances discussed above Muhammad Sadiq is admitted to bail in the amount of Rs.
10,000 (Rupees ten thousand) with two sureties in the like amount to the satisfaction of the A/C, Gujranwala. However, it is made clear that he would not try to impair the prosecution evidence to be produced in this behalf otherwise his bail would be liable to be cancelled.
4. Since the criminal original as mentioned above is pending in this Court against the S. H.
0. Malik Tahir Mahmood, Police Station, QilaA Didar Singh, District Gujranwala, filed by Muhammad Sadiq accused and notice has also been issued to him on 19-4-1977, therefore, it would not be proper for him to investigate the matter against the person at whose instance the criminal proceedings have been started in this Court. The S. P. Gujranwala will look into the matter and in the interest of justice investigation of the case may be entrusted to some other competent police officer