JAMIL KHAN vs THE STATE and another
This matter comes before the Peshawar High Court through a bail petition filed by Jamil Khan, who was charged under section 324/34 of the Pakistan Penal Code 1860 in F.I.R. No. 303 dated 25-6-2005 at Police Station Naurang, seeking post-arrest release. The core legal question concerns whether the prosecution's version of events, specifically that a bystander caught hold of the accused while being fired at, constitutes a believable circumstance warranting further inquiry and the grant of bail. The court held that the narrative prima facie appears unbelievable, as no reasonable person would expose themselves to such risk, thereby making out a fit case for bail. The key principle laid down is that inherent improbabilities in the prosecution's narrative regarding the conduct of witnesses at the time of the incident can create a reasonable doubt sufficient to justify the concession of bail.
- Whether the story of catching hold of a person who is fired at is believable prima facie for the purpose of bail?
- Does an unbelievable prosecution narrative regarding the conduct of witnesses make out a case for further inquiry?
- When is an accused charged under section 324 Pakistan Penal Code 1860 entitled to post-arrest bail?
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
' EJAZ AFZAL KHAN, J.--- Jamil Khan, petitioner herein, who is charged in a case registered against him under section 324/34, P.P.C., vide F.I.R. No,303 dated 25-6-2005, Police Station Naurang, seeks his release on bail mainly on the ground that the story of catching hold of a person being tired at, is not believable on the face of it and that the learned Additional Sessions Judge has not exercised his discretion judicially by refusing bail.
2. As against that, the learned A.A.-G. Does not seriously dispute this proposition.
3. I have gone through the record carefully and considered the submissions of the learned counsel for the parties.
4. The story of catching hold of a person who is fired at prima facie appears to be unbelievable as no person will expose himself to the risk of being hit by doing so. Therefore, a case for bail is made out.
5. For the reasons discussed above, this petition is allowed and the petitioner is directed to be released on bail on furnishing bail bonds in the sum of Rs,10,000 (Rs ten thousand) with one surety to the satisfaction of Illaqa/Judicial Magistrate.