Yaqoob Khan vs State
The accused-petitioner Yaqoob Khan sought post-arrest bail in case FIR No.57 dated 28.09.2019, registered under Sections 302/148/149 of the Pakistan Penal Code 1860 at Police Station Bara, District Khyber, on allegations of catching hold of the deceased while co-accused fired fatal shots. The core legal question was whether the petitioner's alleged act of catching hold of the victim while co-accused fired from close proximity made his case one of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. The Peshawar High Court held that the improbability of the petitioner risking his life by holding the victim while co-accused fired at close range qualified the case for further probe. The court admitted the petitioner to post-arrest bail on tentative assessment, laying down the principle that unnatural attribution of roles in proximity to firearm use warrants further inquiry entitling the accused to bail.
- Whether catching hold of a victim while co-accused fire at him from close proximity qualifies a case for further probe under bail jurisdiction?
- Is an accused entitled to bail when tentative assessment of the record creates doubt regarding his active participation in the crime?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
QAISER RASHID KHAN, J. Accused-petitioner Yaqoob Khan seeks his release on bail in case FIR No.57, dated 28.09.2019, under Sections 302/148/149 PPC of Police Station Bara, District Khyber , with the allegations that he along with his absconding co-accused Fazal Rehman had caught hold of Ijaz, brother of the complainant, whereafter co-accused Zarwal, Zahoor and Daud fired at him with which he was seriously injured and later on succumbed to the injuries while being taken to the hospital.
2. Arguments heard and the available record perused.
3. Could the accused-petitioner run the risk to his life by catching hold of the brother of the complainant namely Ijaz when he was simultaneously fired at by three persons with their respective firearms from a very close proximity is indeed a question which certainly qualifie s the present case to one of further probe qua his guilt in the commission of the offence. Thus taking a tentative assessment of the available record, I hold the accused-petitioner entitled to the concession of bail.
4. Accordingly , this petition is allowed and the petitioner is admitted to bail provide d he furnishes bail bonds in the sum of Rs.1,00,000/- (Rupees One lac), with two sureties, each in the like amount to the satisfaction of the Illaqa/Judicial Magistrate who shall ensure that the sureties are local, reliable and men of means.
5. Needless to mention that the observations recorded in this order are purely tentative in nature and shall not prejudice the proceedings before the learned trial court where the case be decided on its own merits after recording evidence.