Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 561-A--Cancellation of personal bond--Accused was released and declared innocent--Application for re-investigation during which he got himself released on personal bond--Investigating officer has released the accused on basis of deficient evidence--No such findings were given by Investigating Agency--Validity--Investigating Officer after conducting investigation can release an accused on his executing a bond if there is no sufficient evidence available on record against the accused charged in the initial report--Held: Investigating officer cannot release an accused person on the basis of statements recorded u/S. 161, Cr.P.C. or even u/S. 164, Cr.P.C. unless such statements are proved to be true by the Court of competent jurisdiction--Petition was allowed. Plea of Alibi-- ----Investigating officer would release the accused on personal bond--Believed the statements recorded u/S. 161, Cr.P.C. regarding the plea of alibi taken by the accused--Validity--Plea of alibi is required to be proved through exhaustive evidence and merely on the statements of few persons recorded u/S. 161, Cr.P.C.--If such practice is allowed to prevail, then every accused in criminal cases would take plea of alibi, produce certain persons before investigating officer and after recording their statements in his favour, the investigating officer would release the accused on personal bond. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 161--Statement of eye-witnesses--Investigating Officer had acted upon the statements recorded u/S. 161, Cr.P.C. which is yet to be proved at trial stage and apparently it has no evidentiary value. Sufficient Evidence-- ----Evidence in shape of FIR lodged by complainant who is eye-witness is not deficient but sufficient to connect the accused with commission of the offence--It is trial Court who has the prerogative to declare any evidence sufficient or otherwise. PLD 2007 SC 539, rel. Power of Investigating Officer-- ----An investigating officer has the power to pronounce upon the guilt or innocence of an accused person was a grave misconception, because such an opinion expressed by an investigating officer…

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