Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898) S. 497-Bail-[Murder-case]-Opinion of Investigating Officer, although a relevant consideration for decision of application for bail yet not binding on Court and Court may on consideration of material available come to a different conclusion-Proposition that opinion of Investigating Officer must always be given weight and preference to evidence in hands of prosecution against accused, held, not a general rule of law. Rehmatullah alias Rehma v. The State 1970 S C M R 299 ; Muhammad Abbas alias Bassa and 9 others v. .The State 1971 P Cr. L J 9 , Khushi Muhammad etc. v. The State 1978 S C M R 361) ; Mehr Din and another v. The State P L D 1979 Lab. 505 ; Etbar Khan and another v. The State 1977 P Cr. L J 114 ; Mohammad Sajjad v. The State 1977 P Cr. L J 219; Ch. Barkat Ali v. The State P L D 1979 Lab. 518 and Gul Ahmed v: Massam Khan and 3 others 1977 S C M R 27 ref. Date of bearing: 16th June 1979.                                                                                                             JUDGMENT This is an application for grant of bail to Muhammad Hanif accused in a case for the offences under section 302/307/34, P. P. C registered on 2nd November 1977, at Police Station, Pattoki under F. I. R. No. 253. According to the report which was lodged within about an hour of the incident, the petitioner had fired at Mst. Sharifan with a gun in his hand hitting her in the face while his co-accused, namely, Sharif and Shaukat had fired one shot each at Muhammad Rashid a brother of Mst. Sharifan as a result of which he died instantaneously. This is third round of proceedings for release on bail of the petitioner The first application (CrI. Misc. 887-B-78) was rejected on 24th June 1978. Petition for Special Leave to Appeal against the order in the said applica tion was dismissed by Supreme Court on 3rd August, 1978. Subsequently, petitioner was allowed bail…