MUHAMMAD AFZAL vs NAZIR AHMAD AND OTHERS

ORDER

' M. S. H. QURAISHI, J.-This is a complainant's petition seeking leave to appeal from the order of the Lahore High Court, Multan Bench, dated 29-3-1983, whereby bail was granted to Nazir Ahmad and Abdul Hafeez respondents, two of the three accused in a case under section 302/34, P. P. C.

2. According to the prosecution, Muhammad Amjad deceased was returning to his house on a bike at about 5-00 p.m. On 13-12-1982. He was followed by Muhammad Afzal complainant, Shaukat and Saghir Ahmad. While he was passing by the Ihata of the accused, Mukhtar Ahmad co-accused armed with a gandasa and the two respondents, each armed with a hatchet, emerged from the Ihata and challenging the deceased opened the attack. Abdul Hafeez respondent struck with his hatchet at the left shoulder of the deceased, at which he fell down from his bike. Nazir Ahmad respondent then gave three hatchet blows at his back, whereafter Mukhtar Ahmad co-accused by inflicting repeated blows from his gandasa severed his left. Hand. All the accused thereafter ran away, towards their Ihata carrying the crime weapons with them. The deceased succumbed to the injuries in hospital.

3. There were seven incised wounds on the person of the deceased of which two were grievous in nature. His left hand had been completely severed from the body.

4. There were three successive investigations, the first by the S. H.

0. Khanewal, then by the A. S. P., Khanewal and again by the D. S. P. Headquarters, Multan, and they all expressed in favour of the innocence of the two respondents on the basis of certain statements recorded by them during the investigation.

5. The Additional Sessions Judge held that the opinion of the investigating agencies based on the respondents' plea of alibi was not helpful as there is ocular testimony fully implicating the respondents and attributing specific parts to them in the occurrence. The High Court, however, while expressing that the opinion of the police was not binding upon the Courts held that nevertheless "it is very much relevant in bail matters and makes out a case of further inquiry."

6. The relevancy to the question of bail of 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 facts which may furnish prima facie a reasonable ground for A 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. This Court had considered such opinion to be relevant in Rehmatullah v. The State (1), Karam Din v. Muhammad Sharif (2) and Muhammad Rafiq v. Abdur Rehman (3). In the present case the opinion of the police officer is based on

7. {{FOOT NOTE}}

(1) 1970 SCM R 299 (2) 1975 SCM R 230

(3) 1979 SCM R 377 {{FOOT NOTE}} ' the statements recorded of some respectable persons, such as the Imam of the local mosque and the Vice-Chairman of the Union Council. The High Court could, therefore, take into consideration such opinion. We do not consider that this is a fit case for interference. The petition is dismissed.