RAIS KHAN vs SAID HANIF AND Another
This petition for leave to appeal arose from an order of the Peshawar High Court cancelling the post-arrest bail granted to the petitioner. The petitioner, along with co-accused, was charged in a dying declaration and ocular evidence for a incident involving fatal gunshot injuries resulting in three deaths. Following the incident, the petitioner absconded for nearly four years while a co-accused was tried and acquitted. After surrendering, the Sessions Judge granted bail to the petitioner on the ground of further inquiry due to the co-accused's acquittal. However, the High Court cancelled the bail, holding that the acquittal of a co-accused was not a valid ground for bail given the direct mention in the dying declaration, ocular evidence, and prolonged abscondence. The Supreme Court upheld the High Court's decision, finding no impropriety in the order cancelling bail and dismissing the petition.
- Whether the acquittal of a co-accused serves as a valid ground to grant bail to an absconding accused directly named in a dying declaration and ocular evidence?
- Whether prolonged abscondence is a relevant factor when considering the cancellation of bail granted to an accused charged with murder?
- Whether the High Court properly exercises its jurisdiction in cancelling bail granted on the ground of further inquiry when strong ocular and dying declaration evidence exists against the accused?
ORDER
1. MUHAMMAD HALEEM, J.-Deceased Imran charged his father Dolas Khan his three paternal uncles, Rais Khan, the petitioner herein, Misal Khan and Jamil for having fired at him and his maternal relations, Zarif Khan, Tai Hanif, Muhammad Hanif, Mukhtar and Samar Gul on 12th of October 1974, at Degarwela outside the mosque to avenge the grievance resulting from the refusal of Imran to reside with Dolas Khan who had also detained his wife. His statement was recorded in the hospital as he was critically injured and later succumbed to his injuries. Two other persons namely, Zarif Khan and Taj Hanif also expired as a result of gunshot injuries received by them. Misal Khan lodged the counter report at 8 p.m. The same day at Police Station, Saddar Kohat in which he accused Tai Hanif, Said Hanif and Malik Jumma Khan for having fired at him while he was returning from his field alongwith the petitioner. And as he sustained gunshot injuries he also died later.
2. The petitioner and Jamil Khan absconded and Dolas Khan was alone tried but acquitted by the trial Court on 8th of November 1975. The State appeal against his acquittal failed and was dismissed by the Peshawar High Court on 30th of January 1978, as it held that the conclusion of the trial Court in not accepting the ipse dixit of Hanif and the dying declaration of Imran was not assailable.
3. The petitioner surrendered after the dismissal of the acquittal appeal having remained four years in ascendance and applied for bail which was allowed by the Sessions Judge, Kohat, by order dated 11th of June 1978, principally on the ground that there was scope for further inquiry in view of the acquittal of Dolas Khan, the co-accused.
4. The first respondent, thereupon, applied in the High Court for the, cancellation of his bail and by order dated 24th of July 1978, his bail was cancelled as it was of the opinion that the acquittal of the co-accused was not a valid reason to allow him bail considering that he was charged in the dying declaration of. Imran; that he had absconded for many years; an-- lastly, that there was ocular evidence implicating him.
5. Accordingly, we see no impropriety in the order and dismiss the petition.
Cited by 12 cases
- Asghar Ali Versus State 2026 MLD 309
- Raheem Ullah Khan vs The State 2022 KLR Criminal Cases 221
- Raheem Ullah Khan vs The State 2023 YLR 1246
- SHER AHMED alias SHERI Versus State 2017 PCrLJN 255
- NOWSHAD KHAN and another vs IRSHAD KHAN and another 2009 YLR 2123
- RAMZAN and 3 others vs THE STATE 2008 YLR 2086
- BASHIR KHAN vs STATE through A.G. N.W.F.P., PESHAWAR & another PLJ 2005 Cr.C. (Peshawar) 1006
- BASHIR KHAN Versus State 2005 PCRLJ 748
- Khawaja NOOR vs MUMTALAH KHAN And Another 2003 YLR 151
- GUL MUHAMMAD vs RANO and others 1989 P Cr. L J 82
- IBRAHIM vs HAYAT GUL And Other 1985 SCMR 382
- BASHIR KHAN vs THE STATE through Advocate-General N.-W.F.P. and another 2005 P C R L J 748