Law:

Section:

Criminal Procedure Code (V of 1898)---- -- S. 498---Penal Code (XLV of 1860), S. 302/148/149-Bail-Two co­accused found to have been falsely implicated and were discharged by police-Investigating Officer coming to conclusion that deceased was holding his licensed revolver which went off accidentally, resulting in his death and complainant party got a false case registered due to election rivalry-On inquiry by High Court, Investigating Officer stated that his opinion about incident was based on examination of a number of persons and open and secret enquiries made-Opinion of Investigat­ing Officer not appearing doubtful, dishonest or male fide-Application for bail granted. ORDER The petitioner alongwith 5 others stands charged with the murder of Ali Ahmad deceased on 27-9-1983 with a fire-arm. 2. Bail is pleaded on the ground that two of the co-accused were found to have been falsely implicated and have been got discharged by the police. The petitioner has also have been found innocent in the investigation carried out by Zamurd Khan Inspector who came to the conclusion that the deceased was holding his licensed revolver which went off accidentally, resulting in his death and that the complainant party got a false case registered due to election rivalry. He, however, observed that in the presence of solid evidence furnished by the prosecution the matter be left to the decision of the Court. 3. I have enquired from the Inspector as to the basis of his opinion. According to him be has examined a number of persons to reach the conclu­sion and also conducted open and secret enquiries. 4. It is a well-settled proposition that the opinion of the Investigating Officer…

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