' F.I.R. Was lodged by Muhammad Munir Khan on 5-7-2001 at 9-00 p.m. About an occurrence which took place on the same day at 6-30 p.m. Facts of the case were that on the said date and time when Noor Muhammad was present in the Dhari of cattle, Bashir Ahmad and Yaseen sons of Karmal came there while raising "Lalkara, they gave fists and kicks blows to Noor Muhammad. On the noise raised by the complainant and his companion, both the accused ran away from the spot.
Noor Muhammad died at the spot.
' Motive behind the present occurrence was that donkey of the accused persons had destroyed the Loosan crop of the complainant, Noor Muhammad had caught hold of the said donkey and confined in cattle-shed, on this present occurrence had taken place. According to the F.I.R., Karmal had abated his two co-accused for the murder of Noor Muhammad.
2. In support of this petition, learned counsel for the petitioner submits that after post-mortem examination of the deceased no cause of death was given by the doctor, he had deferred his opinion till the arrival of report of the Chemical Examiner, that according to the report of Chemical Examiner no poison was detected, that petitioner was also found innocent, that case of the petitioner is of further inquiry falling under subsection (2) of section 497, Cr.P.C. And he is entitled for the grant of bail.
3. , On the other hand, learned counsel for the State submits that petitioner is named in the F.I.R., specific role is attributed to him and the offence alleged against him falls within the ambit of section 497(1), Cr.P.C.
4. I have heard learned counsel for the parties. No cause of death was given by the doctor about the death of the deceased at the time of post-mortem examination of the deceased, the cause of death was deferred till the receipt of report of the Chemical Examiner. I have gone through the report of Chemical, Examiner, no poison was detected, till today no cause of death has been brought on record by the prosecution, even otherwise, petitioner was found innocent by the local S.H.O. And his finding was verified by A.S.P. Concerned. I have gone through the last case diary of said A.S.P. In which petitioner has been found innocent. It is a settled law that when an accused person is found innocent by the S.H.O. Of concerned police station or the, Court and comes to the conclusion that there are no reasonable grounds for believing that the accused has committed a non-bailable offence then bail has to be granted to the accused person not as a matter of grace but as a matter of right. In this regard, reliance is placed on PLD 1995 SC 182 titled as Muhammad Sadiq v. Sadiq and others. In this view of the matter, as case of the petitioner is of further inquiry falling under subsection (2) of section 497, Cr.P.C., this petition is accepted. Petition is allowed bail subject to furnishing bail bonds to the tune of Rs,50,000 (Rupees fifty thousand only) with one surety in the like-amount to the satisfaction of trial Court.