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Criminal Appeal No. 137 of 1983 in Criminal Petition No. 327 of 1983, decided on 8th October, 1983.
(Against the judgment and order of the Lahore High Court, dated 23‑6‑1983 passed in C. Misc. No. 2091 of 1983).
‑‑ Art. 185 (3)‑Criminal Procedure Code (V of 1898), Ss. 497 & 498 Bail, in murder case‑Finding of Investigation Officer that accused petitioners were not present at scene of occurrence found to be based on sufficient material‑Petitioners given benefit of doubt and granted bail in circumstances of case.
Malik Saeed Hassan, Advocate Supreme Court with Sh. Abdul Karim, Advocate‑on‑Record for Petitioner.
M. Tanvir Ahmad Khan, A. A.‑G. for the State.
Date of hearing : 8th October, 1983.
Amir Ali, Mokha and Mohabat petitioners are accused alongwith some others inter alia, under section 302, P. P. C. for the murder of Jamat Ali. They applied for bail before tile High Court and urged inter alia, that the A. S. P. who had investigated the case had found that the 3 petitioners were not present at the scene of the occurrence. Their co‑accused were granted bail but their application was refused by the High Court.
Feeling aggrieved they filed the present petition for leave to appeal.
2. We issued notice to the State. Mr. Tanvir Ahmad Khan, A. A.‑G. appearing for the State urged before us that the A. S. P. who investigated the case had found, after examining a large number of witnesses in the village, that the three petitioners were not present at the spot. He read out the relevant portions of the A. S. P's. report to us.
3. We, therefore, convert this petition into appeal and proceed to dispose it of as such.
4. We feel that in this case the view expressed by the A. S. P., that the petitioners were not present at the spot, is based on sufficient material. As such we are of the view that in this case the benefit of doubt arising from the A. S. P's. report must go to the petitioners even at the bail stage. They are, therefore, granted bail in the sum of Rs. 30,000 each with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Jaranwala.
S. Q. Bail granted.
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