ALI KHAN alias KHAN vs THE STATE
This matter concerns a post-arrest bail application filed by the applicant, Ali Khan alias Khan, who was charged with the recovery of an unlicensed K.K. weapon. The core legal question before the Court was whether the applicant was entitled to bail given the significant discrepancies regarding the timing of his arrest and the veracity of the prosecution's narrative. The applicant contended that he had been in illegal police custody since December 14, 2004, prior to the alleged recovery on December 17, 2004, supporting this claim with a prior application submitted by his brother to the D.P.O., Khairpur. Upon inquiry, the Assistant Advocate General confirmed the existence of this prior application in the police record. Consequently, the Court held that the prosecution's story was rendered doubtful, establishing sufficient grounds for the grant of bail. The Court affirmed the principle that where the prosecution's case is clouded by substantial doubt regarding the circumstances of arrest, the accused is entitled to the concession of bail pending trial, as the ultimate determination of these facts is reserved for the trial stage.
- Does the existence of a prior complaint regarding illegal police custody create sufficient doubt to warrant the grant of bail?
- Is the veracity of the prosecution's recovery story a relevant consideration for bail at the pre-trial stage?
ORDER
1. ' RAHMAT HUSSAIN JAFFERI, J.---This is a case of recovery of unlicensed K.K. Alleged recover from the possession of the applicant on 17-12-2004 at 10-30 p.m. From forest Moosa Bhugio by Inspector Raziq Dino.
2. ' The learned, Advocate for the applicant has stated that the applicant was already in police custody as his brother Laiq moved application to D.P.O., Khairpur on 16-12-2004 alleging that the applicant was in police custody from 14-12-2004 illegally therefore, justice might be done. He has placed the photostat copy of said application.
3. ' On the last date of hearing, lear red A.A.-G. Was asked to enquire about the moving of said application. The learned A.A.-G. After making necessary enquires categorically stated that such application is available in the file of police alleging that the applicant was in police custody from 14-12-2004.
4. From the above facts it appears that a doubt has been created about the veracity of prosecution story. However, this point can be thrashed out at the time of trial but presently a case of bail has been made out.
5. ' In view of the above circumstances the learned A.A.-G. Has no objection to grant of the bail.
6. Consequently bail is granted to the applicant in the sum of Rs.50,000 (Rupees fifty thousand) on furnishing solvent surety with P.R. Bond in the like amount to the satisfaction of trial Court. The learned Advocate for the applicant has stated that probably the case has been transferred to Additional Sessions Judge, Gambat. However, the order may be sent to learned Sessions Judge, Khairpur for its compliance.
7. ' The bail application is allowed.