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‑‑ S. 498‑‑‑Penal Code (XLV of 1860), S. 302/148/149‑Bail‑Two co accused 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 Investigat ing Officer not appearing doubtful, dishonest or male fide‑Application for bail granted.

Dr. Khalid Ranjha for Petitioner.

Aziz Qureshi for the State.

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 conclu sion and also conducted open and secret enquiries.

4. It is a well‑settled proposition that the opinion of the Investigating Officer though not binding on the Court yet puts the Court on enquiry as to the guilt of the petitioner. In Muhammad Afzal v. Nazir Ahmad and others (1984 S C M R 429) it was observed that "the relevancy to the question of bail on the opinion of the Investigating Agency in regard to the complicity of an accused person will depend on the soundness of the material upon which it is based, if the investigation brings to light the facts which may furnish a reasonable ground for believing that an accused though named in the F. I. R. is not guilty, the opinion of the Investigating Officer based on such facts will be relevant." In Manzoor Ahmad v. Manzoor Ahmad and ‑8 others (1972 P Cr. L J 11), it was observed that if the Investigating Agency which is an important instrument of State for the purpose of prosecuting offender itself is not willing to say that the accused is guilty; then unless there are strong circumstances otherwise so as to come to another reasonable conclusion the Court should not discard such a conclusion for the purpose of bail.

It is not possible to doubt at this stage the opinion of the Investigating Officer or to say that it is dishonest or mala fide. Consequently, I grant the application and admit Allah Rakha petitioner to bail in the sum of Rs. 20,000 (Twenty thousand) with two sureties in the like amount to the satisfaction of A. C. Daska.

M. Z. M. Bail granted.

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