Pakistan Case Law
2020 SCMR 937

Bilal Khan vs The State through P.G., Punjab and another

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Citation2020 SCMR 937
CourtSupreme Court of Pakistan
Case No.Criminal Petition No. 715 of 2018
Date2018-08-02
Judge(s)Sh. Azmat Saeed and Yahya Afridi
Authored bySh. Azmat Saeed
ResultBail refused
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This criminal petition was filed by the petitioner seeking post-arrest bail in a case registered under Sections 324, 109, and 34 of the Pakistan Penal Code. The petitioner contended that he was found innocent during the police investigation, that no recovery was effected from him, and that prosecution witnesses did not incriminate him in their statements under Section 161 of the Cr.P.C. The prosecution and complainant opposed the bail, highlighting that the petitioner was specifically nominated in the FIR for causing a firearm injury to a witness. The Supreme Court held that at the bail stage, only a tentative assessment of the evidence is permissible, and deeper appreciation is forbidden. The Court found sufficient material on record to connect the petitioner with the crime, noting that the injured witness stood by his statement. As the offence falls within the prohibitory clause of Section 497 of the Cr.P.C., the Court declined to grant bail and dismissed the petition, emphasizing that police findings of innocence do not override incriminating material at the tentative assessment stage.

Laws & provisions referred
  • Section 324 PPC
  • Section 109 PPC
  • Section 34 PPC
  • Section 161, Cr.P.C.
  • section 497, Cr.P.C.
post-arrest bailfirearm injuryprohibitory clausetentative assessmentpolice investigationattempted murdercriminal procedure

ORDER

SH. AZMA T SAEED, J.---Through this Criminal Petition, the Petitio ner is seeking post arrest bail in case FIR No. 293/2017 dated 04.11.2017, under sections 324, 109/34, P.P.C. registered at Police Station Mochh, which has been declined to him by the fora below . '

2. It is contended by the learned counsel that the Petitioner was found innocent in the police investigation and no recovery has been effected from the Petitioner . It is further contended that the PWs in their respective statements recorded under section 161, Cr .P.C. did not incriminate the Petitioner .

3. The learned counsel for the Complainant and the learned DPG have controverted the contentions raised on behalf of the Petitioner .

4. There can be no escape from the fact that the Petitioner is nominated in the FIR with a specific role of causing firearm injury to one Zararullah Khan. The said injured PW has accused the Petitioner and stands by his statement.

It is not clear on what basis the Police found the Petitioner innocent. At the bail stage, only a tentative assessment is to be made and deeper appreciation is not permissible. There is sufficient B material on record to connect the Petitioner with the crime. The offence falls within the prohibitory clause of section 497, Cr.P.C. in this view of C the matter , we are not inclined to grant post-arrest bail to the Petitioner . Hence, this Criminal Petition must fail.

5. Accordingly , this Criminal Petition being without merit is dismissed and leave declined. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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