NAZIR AHMAD Versus THE STATE

ORDER

The petitioner, Nazir Ahmad, has moved this petition for bail after arrest under section 497/498, Cr.P.C. in a case registered against him under section 302/ 307/ 148/ 149, P. P. C. at Police Station Barki, Tehsil and District Lahore vide F.I.R. No. 111/87, dated 17-7-1987.

2. Learned counsel argued that the plea of the petitioner was that he was not present when the occurrence had taken place. This plea of the petitioner was accepted by the Investigating Officer on the basis of cogent evidence. -Later on the case was investigated by the D.S.P. intensively, he too found the petitioner innocent and held that he was not present at the spot. Accordingly the petitioner was placed in column No.2. In support of his contentions, the learned counsel has placed reliance on Ibrahim v . Hayat Gul and others 1985 SCMR 382, Muhammad Aslam v. State 1986 P Cr. L J 1392 and order, dated 30-6-1987 passed in Criminal Miscellaneous No. 1451/B of 1987. Learned counsel stated that in these cases under similar circumstances, the accused were admitted to bail. The learned State counsel has opposed the grant of bail to the petitioner. He stated that the petitioner is named in the F. I. R. and a specific role has been attributed to him. However, he conceded that the S.H.O. as well as the D.S.P. have found the petitioner innocent and that he has been placed in column No.2.

3. Without expressing any opinion on the merits of the case lest it may prejudice either side, I find that the petitioner was found innocent in two successive investigations conducted by the S.H.O. and the D.S.P. The petitioner has been placed in column No.2 of the challan. Respectfully following the rule laid down in the above authorities, the petitioner is admitted to bail in the sum of Rs.1,00,000 (Rupees one lac) with one surety in the like amount to the satisfaction of the A. C. Cantt, Lahore.

S. A./N-133/L Bail granted.