Investigating Officer has discretionary power under S.169, Cr.P.C. to release accused on bail bond during course of investigation before submission of challan---Such interim relief has been made permissible under law to innocent person who would have to stand the test of judicial scrutiny to be made by Trial Court at a proper stage---Right course to be adopted by Investigating Officer is that at the conclusion of investigation he should place name of accused discharged under S.169, Cr.P.C. in column No.2 of challan with his own remarks---Court has to form its own opinion on basis of material on record---Resort to provisions of S.169, Cr.P.C., by Investigating Officer during investigation or re-investigation deprecated---Serious notice should be taken by superior Police Officers including Superintendent of Police and Deputy Inspector General concerned in the interest of justice by having a strict observance over investigation so that said discretionary powers of Investigating Officer were not misused in any way nor exercised blindly without any valid and legal base---Police, before submission of challan, can resort to S.169, Cr.P.C. at preliminary stage of investigation---Trial Court should not interfere at such a stage as that would be premature.
Mastan Shah
VersusAdditional Sessions Judge/Special Judge, Bannu.
1999 P Cr L J 469
Peshawar High Court, NWFP
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