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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: SIRAJ DIN VS Respondent: STATE
1999 M L D 3337
1999 M L D 3337
[Lahore]
Before Muhammad Asif Jan, J
SIRAJ DIN---Petitioner
versus
THE STATE---Respondent
Criminal Miscellaneous No: 1943-B of 1998, decided on 5th May, 1998.
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), S. 302/148/149---Bail, grant of Allegation against accused was that deceased, who was in police custody, was done to death by physical torture and accused who was Assistant Sub-Inspector of Police, was responsible for said murder---Additional Superintendent of Police who conducted investigation had concluded, after investigation, that accused. who did not belong to police station concerned, was not responsible for custodial killing of deceased, but Sub-Inspector of concerned police station was responsible for the killing---Complainant and other eye-witnesses who had sworn under S. 164, Cr. P.C. had also exonerated the accused ---Reasonable grounds to believe that accused was guilty of offence punishable with death prima facie did not exist---Case against accused being matter of further enquiry, accused was entitled to bail.
Shaharyar Sheikh for Petitioner.
Mustafa Kamal for the State.
ORDER
Siraj Din petitioner aged about 41 years was arrested on the 21st of August, 1997, and is in jail ever since, in pursuance of a case registered against him vide F. I. R. No. 246 of 1997 dated the 19th of August, 1997, under sections 302, 148 and 149, P. P. C. at Police Station Allahahad of District Kasur, regarding an occurrence which took place on the 19th of August, 1997 at about 1.00 p.m. in the precinct of Police Station Allahabad where the F. I. R. was lodged on the same day at about 4.00 .p.m. by Muhammad Ratrizan, brother of Muhammad Sabir deceased who was allegedly done to death by physical torture while he was .in Police custody of the said Police Station.
2. Admittedly A.S.I, Siraj Din does not belong to this police station and was imported from another police station. Be that as it may, an Additional Superintendent of Police, namely, Tauqir Hayat during the investigation conducted by him came to the definite opinion recorded in Zimni No. 31 dated the 28th of November, 1997 that Sub-Inspector Muhammad Amin of Police Station Allahabad was responsible for the custodian killing of Muhammad Sabir and Siraj Din was exonerated. Furthermore, complainant Muhammad Ramzan and the 3 eye-witnesses mentioned in the F.I.R namely, Muhammad Ijaz, Munir Ahmad and Aman Ullah have sworn affidavits and had their statements recorded under section 164, Cr. P.C. exonerating the petitioner.
3. Thus, reasonable grounds to believe that the petitioner is guilty of an offence punishable with death prima facie do not seem to exist. However, the case against the petitioner may be a matter of further enquiry within the meaning of subsection (2) of section 497 Cr P.C. which entitles him to the grant of bail.
4. Resultantly, the petitioner is granted, bail provided he furnishes bail bonds in the sum of Rs.50.000 with two sureties each in the like amount to the satisfaction of the trial Court.
H.B.T./S-280/L Bail granted.