Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss.458 & 459---Lurking house trespass---Bail, grant of---Police found accused and his co-accused innocent in investigation---Opinion of Police was based upon statements of several witnesses examined by the Investigating Officer---Magistrate, however taking cognizance, disagreeing with the opinion of Police, joined them as accused and issued non-bailable warrants against them and the Trial Court had refused bail to accused---Magistrate taking cognizance as well as the Trial Court though were not bound by the opinion of Police, but at the same time opinion of the Investigating Officer, who had opportunity of making immediate spot inquiry, carried significant weight, as it was the opinion of the Investigating Officer on the basis of which cognizance was taken and not on the basis of F.I.R. or statements recorded under S.161, Cr.P.C.---To be bound by an opinion and to give weight to it were two different things---Court could not ignore opinion of the Investigating Officer on the ground that it was not bound by it---While joining as accused, a person found innocent by Police, it was not necessary to issue non-bailable warrant against him and also refuse him bail, unless the opinion of Police was found arbitrary; and strong grounds were available to believe him guilty of an offence punishable with death, imprisonment for life or imprisonment for ten years---Case of accused being fit for the grant of bail, he was admitted to bail, in circumstances. Abdul Rasool Soomro for Applicant. Miran Bux Soomro for the Complainant. Niamatullah Bhurgi for the State. ORDER ALI SAIN DINO METLO, J.---Heard Messrs Abdul Rasool Soomro,. Advocate for the applicant, Muhammad Bux Soomro, Advocate for the complainant, and Naimatullah Bhurgri, State Counsel. The latter two have opposed bail. 2. According to the prosecution, on 7-4-2009, at 2-00 a.m., five persons; namely, Muhammad Alam Nasirani, Dado Nasirani, Chinchoo Nasirani (present applicant) and two unidentified persons, all armed with sticks, entered into the house of complainant Guizar Ahmed situated in Sui Gas Mohalla, Kashmore, presumably for the…