کوئی بھی شخص جس کے خلاف الزام لگایا جائے اسے ملزم نہیں کہا جا سکتا جب تک کہ تفتیشی افسر اسے ملوث نہ پائے اور اس سلسلے میں اس کی گرفتاری کا کوئی خاص حکم صادر نہ کر دے۔

 Any person against whom an accusation is made cannot be dubbed as an accused unless and until he is found involved by the Investigating Officer and in this regard a specific order for his arrest is made by him. All these ingredients are missing, therefore, as far as the status of the petitioner is concerned, he cannot be termed as an accused person.

Although the opinion of the police is not binding upon the Courts, but being adverse to the prosecution, it creates doubt about the veracity of the prosecution case against the petitioner. The opinion of investigating officer as to the innocence or guilt of the accused depends on the soundness of the material on which it is based. The same has the persuasive value, if based upon cogent and concrete material. As discussed above, the findings of police are based on cogent and sound material, therefore, sufficiently pulls the case of the petitioner in the ambit of further inquiry for the purpose of bail.

Section 302 PPC, accused declared innocent and placed in column No.II of the report. Bail allowed.

Crl. Misc.-Post-arrest Bail

5878-B-23

MUHAMMAD IMRAN VS

STATE

Mr. Justice Sardar Muhammad Sarfraz Dogar

12-10-2023

2023 LHC 6448