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Criminal Miscellaneous No. 1750‑B of 1974, decided on 11^thJune 1974,

----‑ S. 497 (1.)‑‑Bail‑[Murder‑case]‑‑Accused found innocent in police ‑investigation and placed in column 2 of challan ‑ Such persons, however, subsequently summoned by Enquiry Magistrate and arrested‑Case of accused persons, held, fell under provisions of subsection (2) of section 497, Cr. P. C.‑Bail granted in circumstances.

Ch. Aziz Ahmad for Petitioners.

Almas Haider Kazmi for the State.

Mahmood lodged the F. I. R. of this case on 12‑10‑72, at 9 a.m., According to him, Salabat petitioner No. 1 armed with hatchet, Maulu petitioner No. 2 armed with balam and the remaining three petitioners armed with sticks caused injuries to Muhammad deceased and intentionally com mitted his murder. After investigation, the Investigating Officer came to the conclusion, that Salabat, Maulu and Mahabbati petitioners were innocent. Superintendent of Police also verified the investigation conducted by the S. H. O. and he too is of the same view. Petitioners Nos. 1 to 3 namely Salabat, Maulu and Mohabbati were not arrested by the police and their names were shown in column No. 2 of the challan indicating that they were found innocent. The challan was submitted before the Inquiry Magistrate who after recording the statement of the complainant, issued non‑bailable warrants of arrest against petitioners Nos. 1 to 3. The said three petitioners approached this Court for bail before arrest, but my learned brother Mr. Justice M. A. Zullah did not accept the application and ordered petitioners Nos, 1 to 3 to surrender before the Inquiry Magistrate, The learned counsel for the petitioners states at bar that the three petitioners immediately surrendered before the Inquiry Magistrate and were arrested and bail applications were moved before the Inquiry Magistrate as well as before the Sessions Judge and both the applications were dismissed. The case of Salabat, Maulu and Mohabbati petitioners, at present, falls under the provisions of subsection (2) of section 497, Cr. P. C. It is mentioned in the said provision of law that if it appears to such an officer or Court at any stage of the investigation, inquiry or trial as the cast may be, that there are not reasonable grounds four believing that the accused committed a non-bailable offence and there are sufficient grounds for further inquiry into his guilt, the accused shall, pending such inquiry, be released on bail.

2. In view of these circumstances, I allow bail to Salabat, Maulu and Mohabbati petitioners in the sum of Rs. 20,000.00 each with one surety each in the like amount to the satisfaction of the Inquiry Magistrate. The remaining two petitioners, namely, Amir and Manzaor were armed with sticks and they had inflicted stick blows to the deceased. Injuries with blunt weapon had been found on the person of the deceased. Their case is not fit for bail. I reject their bail application.

3. After the conclusion of the inquiry if the Inquiry Magistrate finds that a prima facie case is made out against Salabat, Maulu and Mohabbati, he may proceed against the three petitioners under section 220, Cr. P. C. and commit them into custody as desired by the said section.

Order accordingly.

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