Law:

Section:

(a) Criminal Procedure Code (V of 1898) -- S. 497(5) Bail, cancellation of Reports of Investigation Officers ¬Not binding on Courts yet could be taken into consideration at bail stage to decide whether or not accused entitled to bail Large number of witnesses from both sides examined by Investigating Officer Inves¬tigation transferred from one officer to another (two of them being Additional Superintendent and Superintendent of Crime`s Branch) because of allegations of partiality being made against Police Superin¬tendent, Crimes Branch reporting case to be one of `blind murder', vie., murder case not witnessed by any one All witnesses mentioned in F. I. R. closely related to deceased and their presence at spot at time of occurrence, in middle of night, appearing to be rather doubtful and as such nothing linking accused with death of victim High Court, held, exercised its discretion properly in granting bail to such accused. (b) Criminal Procedure Code (V of 1898) -- S. 497(5) Bail Cancellation of Accused, having gone to comp¬lainant's house and informed deceased's mother of some persons having been stealing her wheat Accused already known to deceased's mother as a friend of her son Evidence as to identity of. accused thus existing¬ Superintendent of Crimes Branch though stating case to be a blind case identity of assailant joining accused in murder probably doubtful yet on material available no doubt existing about identity of accused¬ Bail granted to accused in circumstances cancelled Observations made with regard to accused, however, held, relate only to question of bail and not to have any bearing on merits of case and trial Court to decide case on evidence produced before it. ORDER ASLAM RIAZ HUSSAIN, J. This order will dispose of Petition for Special Leave to Appeal No. 453 of 1978 and 495 of 1978 both filed by Muhammad Rafiq for the cancellation of the bail of the eight respondents, all of whom are accused in the same case. 2. In P. S. L. A. 453 of 1978 the petitioner has prayed for the cancellation of bail of Abdur Rahman and Abdul Qayum alias Jaji granted by the learned Single Judge of the Lahore High Court vide order dated 10th of October 1978 while in…

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