Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.302/ 148/ 149---Qatl-e-amd, rioting armed with deadly weapons, unlawful assembly---Ad-interim pre-arrest bail, confirmation of----Police investigations finding accused as innocent---Previous enmity between the parties---Effect---Allegation against accused was that he along with the co-accused made fire shots at the deceased---Apart from the F.I.R. complainant also filed a private complaint---Accused was granted pre-arrest bail by the Trial Court in the complaint case---Although accused was named in the F.I.R. with specific allegations but during two successive investigations he was found innocent and was let off by the police and his name was placed in column No.2 of the report under S. 173, Cr. P. C. ---During both investigations co-accused was found to be the sole perpetrator of the occurrence and weapon of offence was also recovered front his possession---Forensic Science Laboratory report was positive qua matching of crime empty with the weapon of offence recovered from the co­accused---Previous animosity existed between the parties---No incriminating material was available on record to connect the accused with the commission of the offence---Ad interim pre-arrest bail already granted to accused was confirmed in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497, 498 & 173---Bail---Opinion of police---Scope---Although opinion of police was not binding upon the courts but the same had persuasive value for the purpose of deciding a bail petition. (c) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail---Merits of the case---Scope---Court while deciding pre-arrest bail could touch upon the merits of the case. Meeran Bux v. The State and another PLD 1989 SC 347 rel. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, J.---This is 2nd petition on the subject on behalf of the petitioner. The earlier one bearing Criminal Miscellaneous No.11297-B of 2012 was dismissed as withdrawn by a learned Single Bench of this Court in terms of order dated 29-8-2012 on the statement of learned counsel for the petitioner as the Investigating Officer made statement before…

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