This criminal petition, converted into an appeal, challenges the order of the Peshawar High Court whereby post-arrest bail was refused to the petitioner in a case arising from FIR No. 524 registered under sections 302, 200, 201, 202, and 203 of the Pakistan Penal Code. The core legal question before the Supreme Court was whether the petitioner was connected to the alleged offence through sufficient legally admissible evidence to warrant the denial of bail, particularly given that he was not named in the initial FIR and was subsequently implicated through a statement under section 164 of the Code of Criminal Procedure without details of the source. The Supreme Court held that the statement lacked specific details of the source of information and, in the absence of any other legally admissible piece of evidence connecting the petitioner to the crime, the case fell within the ambit of further inquiry under section 497(2) of the Code of Criminal Procedure. Consequently, the court allowed the appeal and granted bail to the appellant subject to furnishing surety bonds.
MANZOOR AHMAD MALIK, J.---The petitioner has called in question the order dated 18.11.2019, whereby bail was refused to him by the learned Peshawar High Court, Peshawar in case FIR No. 524 dated 26.09.2019, offence under sections 302, 200, 201, 202, 203, P .P.C., registered at, Police Station Tangi, Charsadda.
2. After hearing the learned counsel for the parties at length and perusal of available record with their assistance, it has been observed by us that initially none was named in the FIR. Subsequently , petitioner was implicated in this case on the statement of father of deceased namely Akbar Gul, which was recorded under section 164, Code of Criminal Procedure. It has been noted by us that in his statement, Akbar Gul, father of deceased, stated that he came to know through personal sources that it was the petitioner who killed his son and that he was fully A satisfied about involvement of the petitioner in this case. He has, however , not given any details of the source (as to how he came to know) in his statement. Needless to observe that veracity of statement of Akbar Gul recorded under section 164, Code of Criminal Procedure shall be determined by the trial court after recording evidence pro and contra. During the course of arguments, learned State counsel instructed by the police officer present with record was not able to refer to any other legally admissible piece of evidence to connect the petitioner with the commission of alleged offence. All these circumstances make the case of petitioner one of further enquiry falling within the ambit of section 497(2) Code of Criminal Procedure.
3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed.
Appellant Nouman Khan alias Roman is allowed bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs.100,000/- with one surety in the like amount to the satisfaction of the trial court.