Law: Criminal Procedure Code (V of 1898)

Section: 497 , 498

Criminal Procedure Code (V of 1898)-- ----Ss. 497 & 498---Bail---Accused placed in Column No.2 of challan---Courts are required to see whether opinion of Investigating Officer about innocence of accused shown in column No.2 of challan is supported from the material on record and bail applications are to be disposed of in the light of overall material on record and in view of the specific provisions of Ss. 497 & 498, Cr.P.C. and not merely relying on the opinion of Investigating Officer. 1985 PCr.LJ 2624; 1988 SCMR 1452; PLD 1990 Pesh. 118; 1985 PCr.1J 1157; 1985 PCr.LJ 799; 1984 SCMR 429; 1984 SCMR 521; 1989 PCr.1J 2253; 1989 SCMR 899 and 1989 PCr.LJ 638 ref. Criminal Procedure Code (V of 1898)-- ----S. 497(2)---Penal Code (XLV of 1860), S. 302/34---Bail, grant of ---Accused's plea for bail was supported from the material on record on the basis of which he had been shown in Column No.2 of Challan---Case against accused, therefore, was of further inquiry---Accused was admitted to bail in circumstances. 1985 PCr.1J 2624; 1988 SCMR 1452; PLD 1990 Pesh. 118; 1985 PCr.1J 1157; 1985 PCr.1J 799; 1984 SCMR 429; 1984 SCMR 521; 1989 PCr.LJ 2253; 1989 SCMR 899; and 1989 PCr.LJ 638 ref. Muhammad Karim Anjum for Petitioner. Faizullah Khan Sadozai for the State. Date of hearing: 20th January, 1991. JUDGMENT The petitioner Iqbal son of Rabnawaz, caste Baloch, resident of Miran, D.I. Khan charged for the offence punishable under section 302/34, P.P.C. has submitted this application under section 497/498, Criminal Procedure Code for his release on bail mainly on the ground that as he has been placed in Column No.2 of the Challan, therefore, there is a scope for further enquiry into his guilt. The bail application on this ground was dismissed by the learned Sessions Judge, D.I. Khan vide order dated 10-7-1990. Faiz Muhammad (complainant) made a report of the occurrence to the police on 19-8-1989 at 10-45 hours. The police registered the case under section 302/34, P.P.C. vide F.I.R.No:80 dated 19-8-1989 Police Station Paroa. The report was that in the morning on that day, Faiz Muhammad alongwith his uncle Allah Bakhsh deceased had gone to plough the land owned by Dr.…