Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898)--____S. 497--- Pete Code (XLV of 1800)�-� S.302---Bail--- Judicial inquiry conducted by the Assistant Commissioner revealed that the deceased, had been tortured to death by the accused police officer in a torture cell privately established y hint for the purpose of corruption and violence-_-Superintendent of Police (Crimes) had also found that the accused alongwith two others had committed the murder of the deceased by severe torture---Reasonable grounds, therefore, did not exist for believing that the accused was not involved in the commission of the offence---Bail was declined to accusedaccordingly.1980 SCMR 784 ref.ORDER Samar-Mehdi was arrested by tire police on 5-7-1994 in connection with case F.I.k. No.225 registered under section 324, P.P.C. Muhammad Ashraf, S.I./S.H.O., petitioner herein was the Investigating Officer. While in police custody he died on 6-7-1994 on account of the severe torture received by him from the police. It was, however, shown that Samar Mehdi committed suicide by hanging himself with a rope. The District Magistrate ordered judicial inquirry which was conducted by the Assistant Commissioner, Shakargarh. The inquiry officer found that the deceased was tortured in a cell privately established by the S.H.O. Muhammad Ashraf Condal. He further found that this torture cell was established by him for the purpose of corruption and violence was institutionalised by the S.H.O. He found that "death of Samar Mehdi had taken place at the hands of the S.H.t. Muhammad Ashraf Gondal". 2. Eight injuries were found on the dead body of Samar Mehdiinpost� mortem examination. 3. It is submitted by the learned counsel for the petitioner that the deceased was in police custody in connection with same case registered against him and there is no evidence that the fatal injuries were received by the deceased at the hands of the petitioner, He has placed reliance on 1980 SCMR 784 to contend that where it is not possible to attribute the fatal injuries to a particular accused person, then he has to be enlarged on bail under subsection (2) of section 497, Cr.P.C. He has further .submitted that four of…