Aqal Khan vs The State and another
This criminal petition, converted into an appeal, arises from the refusal of lower courts to grant post-arrest bail to the petitioner, Aqal Khan, who was implicated in a murder case along with his co-accused brother. The core legal question concerns whether the petitioner, allegedly sharing a community of intention and accused of recovering the deceased's pistol subsequent to the incident, is entitled to post-arrest bail under the Code of Criminal Procedure 1898. The Supreme Court held that the co-accused singularly targeted the deceased during an unanticipated encounter, and the first information report lacked details regarding the alleged snatching of the deceased's gun. Consequently, the Court ruled that the cumulative circumstances of the case brought the petitioner's matter within the scope of further inquiry under subsection (2) of section 497 of the Code of Criminal Procedure 1898. The appeal was allowed, and the petitioner was granted bail subject to furnishing requisite security bonds.
- Whether a co-accused without a direct fatal attribution is entitled to post-arrest bail when the case falls within the purview of further inquiry?
- Does the absence of details in the first information report regarding a recovered weapon constitute grounds for bail under section 497(2) of the Code of Criminal Procedure 1898?
- Section 497(2), Code of Criminal Procedure 1898
ORDER
QAZI MUHAMMAD AMIN AHMED, J.---Aqal Khan, petitioner herein, allegedly accompanied Meeran Jan, co- accused, no other than his real brother, attributed fatal shot to Maseet Khan deceased, at 9:00 a.m. on 09.11.2019, within the remit of Police Station Bara in the backdrop of a past feud; Courts below declined the request on his having been found in the community of intention with the co-accused, still away from law. It is alleged that the petitioner, after the incident, took away a pistol, carried by the deceased and got it recovered after his arrest, a circumstance that conclusively established his presence at the scene so as to stand disentitled to the concession of bail, no overt act notwithstanding.
2. Heard. Record perused.
3. It would be less than expedient to comment upon the factual aspects/merits of the case, however, what is evident from the record is that during his, seemingly, unanticipated encounter with the deceased, the later was singularly targeted by the co-accused; first information report sans details of snatching of deceased's gun by the petitioner and as such, circumstances cumulatively hovering over the incident, squarely brings petitioner's case within the purview of subsection (2) of section 497 of the Code of Criminal Procedure 1898; a case for his admission to bail stands made out; he shall be so released upon furnishing bonds in the sum of Rs.500,000/- with two sureties each in the like amount to the satisfaction of the trial Court/duty Judge; delay in filing of petition is condoned which is converted in to appeal and allowed.
Cited by 1 case
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