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Petitioner: MUHAMMAD IDREES VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Ahmad Saeed Awan Title: MUHAMMAD IDREES vs THE STATE Case No.: Criminal Miscellaneous No,1860/B of 1995 Date of Judgment:1995-05-14 Reported As: 1995 P Cr. L J 1911 Result: Bail allowed
Judgment ORDER ' Muhammad Idrees, petitioner, being accused of case F.I.R. No,306, dated 13-8-1994 under section 302/34, P.P.C. Registered with Police Station Baghbanpura, City Gujranwala has moved this petition for the grant of post-arrest bail. 2. According to F.I.R. Petitioner while armed with .30 bore pistol fired a shot on the back side of neck of Muhammad Naeem. Another shot fired by the petitioner also hit on the right side of face of the deceased. 3. Learned counsel for the petitioner argued that the petitioner has been declared innocent and has been placed in column No,2 of report under section 173, Cr.P.C. It was next contended that the alleged weapon of offence has not been recovered from the petitioner and as such the petitioner is entitled to the concession of bail. It was maintained that the raiding of the learned Additional Sessions Judge while refusing bail to the petitioner is against the law laid down by the Honourable Supreme Court of Pakistan. 4. It has conceded by the learned Assistant Advocate-General accompanied by A.S.I. Riaz Ahmad that the petitioner has been found innocent in all the three consecutive investigations. The two investigations were conducted by gazetted Police Officers. Though the ipsi dixit of the police is not binding upon the Courts yet weight can be attached in the facts and circumstances of a given case to such an opinion at bail stage. I am prima facie of the view that the case of the petitioner is one of further inquiry. He shall accordingly be released on bail subject to his executing bail bond in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of learned trial Court.