CASE LAWS ON SETTELED PRINCIPLE THAT OPINION OF INVESTIGATION OFFICER IS NOT BINDING ON COURT

CASE LAWS ON SETTELED PRINCIPLE THAT OPINION OF INVESTIGATION OFFICER IS NOT BINDING ON COURT

Citation	Head Note
2006   YLR   2380	----Ss. 498 & 497(2)---Penal Code (XLV of 1860), Ss.302, 201, 109 & 34---Interim pre-arrest bail, confirmation of--Investigating Officer had opined that accused, a woman, was innocent-Thereafter investigation was never transferred formally to any other officer---Deputy Superintendent of Police Investigation, while verifying investigation of Investigating Officer, gave his own opinion whereby he declared the accused guilty---Verification could be done only of record but in the name of verification opinion could not he substituted by the verifying officer for the Opinion of Investigating Officer ---Opinion of D.S.P. Investigation, in circumstances, had no legal backing and Opinion of Investigating Officer would hold the ground---Such fact had made the case of further inquiry---Even otherwise, proviso to S.497, Cr. P. C. itself demanded leniency towards a woman---Interim bail already granted to accused, was confirmed, in circumstances.
1997   PCRLJ   610	Criminal Procedure Code (Cr.P.C) ----S. 497/498---Bail---Opinion of Investigating Officer ---Court is not bound by the Opinion of Investigating Officer and it has to weigh such opinion in the light of the evidence and material brought on record in order to form its own opinion and can come to a different conclusion qua the prima facie innocence or guilt of the accused---Investigating Officer's opinion not based on any tenable material would not constitute a valid ground for bail.
1997   PCRLJ   834	Criminal Procedure Code (Cr.P.C) ----Ss. 497 & 498---Penal Code (XLV of 1860), S.302/379/34---Bail, grant of--Investigating Officer had come to the conclusion that accused persons were innocent and had been falsely involved in the case---Opinion of Investigating Officer was confirmed by Deputy Superintendent of Police---On prosecution's own showing, reasonable grounds to believe that accused persons were guilty of an offence punishable with death or imprisonment for life did not exist---At the most case against accused was a case of further inquiry which would entitle them to grant of bail---Opinion of Police Officers though was not binding upon Courts, but benefit of doubt even at the stage of granting or refusing bail, must be given to accused because bail could not be withheld as a punishment---In absence of reasonable grounds for believing that accused had committed a non- bailable offence, sufficient grounds existed for further inquiry into guilt of accused person---Ad interim bail granted to accused was confirmed, in circumstances. ---[Benefit of doubt].
1991   PLD   92	Ss. 497 & 498---Bail---Accused placed in Column No.2 of challan---Courts are required to see whether Opinion of Investigating Officer about innocence of accused shown in column No.2 of challan is supported from the material on record and bail applications are to be disposed of in the light of overall material on record and in view of the specific provisions of Ss. 497 & 498, Cr.P.C. and not merely relying on the Opinion of Investigating Officer.