Zahoor Khan vs Akhter Muhammad and another
The petitioner sought post-arrest bail in a murder case, having been arrested over five years after the alleged incident, which involved the fatal shooting of the deceased. The petitioner argued that there was a conflict between the ocular account and the medical evidence. The Supreme Court examined the record and held that arguments regarding discrepancies between witness testimony and medical reports cannot be entertained during the bail stage, as this requires a tentative assessment of evidence. The Court found that the ocular account, supported by medical evidence and investigative findings, established reasonable grounds to believe the petitioner was involved in the crime, as contemplated under the relevant provisions of the Code of Criminal Procedure 1898. Consequently, the Court determined that the petitioner failed to demonstrate a case for further inquiry and that the lower courts' decisions to deny bail were legally sound. The petition for leave to appeal was dismissed, and bail was declined.
- Can a conflict between ocular account and medical evidence be resolved during the bail stage?
- What constitutes reasonable grounds for denying bail under the Code of Criminal Procedure 1898?
- Is a long delay in arrest sufficient grounds to grant bail in a murder case?
- Section 497, Code of Criminal Procedure 1898
ORDER
QAZI MUHAMMAD AMIN AHMED, J.---Declined downstairs throughout, Zahoor Khan, petitioner herein, seeks admission to bail; alongside co-accused, he is alleged to have fatally targeted Yaheer Shah on 25.10.2014 at 18:00 hours within the remit of Police Station Katling District Mardan in the backdrop of a motive that hovered over a piece of land; away from law, he was arrested after a period exceeding half a decade. Autopsy report confirmed receipt of as many as six entry wounds.
2. Heard. Record perused.
3. Argument regarding conflict between ocular account and medical evidence, seemingly otherwise beside the mark, cannot be attended within the barriers of tentative assessment, particularly in the face of reflections of inordinate absence from law. Ocular account, accompanied by medical evidence as well as investigative conclusions, constitute "reasonable grounds" within the contemplation of section 497 of the Code of Criminal Procedure 1898, standing in impediment to petitioner's release in the absence of any consideration calling for further probe. Impugned views being well within the bounds of law need no interference. Petition fails. Leave declined.
Cited by 1 case
- Muhammad Moosa vs The State and another 2023 LHC 4390