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Criminal Miscellaneous No. 5586 of 1968, decided on 19th November 1968.
S. 497 (2)‑Bail‑Police finding accused innocent and placing hire in column No. 2 of Challan‑Accused released on bail.
Abdul Malik v. State P L D 1968 S C 349 fol.
Kh. A. Waheed for Petitioner.
Mufti Nazar Muhammad for the State.
The police found Ibrahim petitioner innocent and placed him in column No. 2. The learned counsel for the petitioner, therefore, urges that the case falls under section 497(2) of the Code of Criminal Procedure and as such he should be released on bail. The learned counsel for the State, on the other hand, contends that four of the eye‑witnesses before the committing Magistrate inculpate the petitioner and since the offence alleged to have been committed is non‑bailable he should not be released on bail. The learned counsel for the State places reliance on case Abdul Malik v. State (P L D 1968 S C 349) in which also the accused was found innocent by the police and his bail was refused by the High Court, but the Supreme Court allowed bail, observing:
"Similarly where reasonable grounds are not disclosed but grounds do exist for a further investigation and inquiry into the guilt of an accused person, the case will fall under section 497 (2) of the Cr. P. C., in which case again bail should not be withheld."
In view of the above I accept this petition and release the petitioner on bail on his furnishing security in the sum of Rs. 8,000.00 with one surety in the like amount to the satisfaction of the S. D. M., Narowal. A copy of this order be given dasti to the petitioner on payment of fee.
Petition accepted.
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