Ghazan Khan vs Mst. Ameer Shuma and another
This petition for leave to appeal arises from the dismissal of a post-arrest bail application by the Peshawar High Court in a case involving a murderous assault. The petitioner, accused of an offense under section 324 of the Pakistan Penal Code 1860, sought bail, alleging a cross-version of the incident based on an injury sustained by an animal. The core legal question was whether the petitioner was entitled to bail given the evidence of his active participation in the assault and the statutory prohibitions against bail for offenses carrying significant imprisonment. The Supreme Court examined the record and rejected the petitioner's reliance on a statement purportedly made by the injured party to the Investigating Officer, noting it violated section 172(2) of the Code of Criminal Procedure 1898. The Court held that the petitioner's active participation in the occurrence, which attracted the prohibitory clause of section 497 of the Code of Criminal Procedure 1898, justified the denial of bail. The Court affirmed the lower courts' decisions, emphasizing that the bar against bail cannot be circumvented when reasonable grounds exist for believing the accused committed the offense.
- Can a statement recorded by an Investigating Officer in a case diary be relied upon to support a bail application?
- Does an offense punishable with ten years imprisonment attract the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Is a petitioner entitled to bail when there are reasonable grounds to believe they actively participated in a murderous assault?
- Section 324, Pakistan Penal Code 1860
- Section 172(2), Code of Criminal Procedure 1898
- Section 497, Code of Criminal Procedure 1898
ORDER
QAZI MUHAMMAD AMIN AHMED, J.---Non suited throughout in his quest to secure bail, lastly by a learned Judge-in-Chamber of Peshawar High Court Peshawar vide impugned order dated 12th of April, 2021, Ghazan Khan, petitioner , arrayed as one of the accused in a case of murderous assault, registered with Police Station Katlang District Mardan, seeks leave to appeal therefrom.
It is alleged that on the eventful day i.e. 10.2.2021, he along with co-accused, targeted Sannan Ahmad PW who endured the assault with five entry wounds, confirmed by a medico legal certificate of even date; a monetary dispute is cited as motive for the crime. Unscathed themselves, nonetheless, the accused agitated a cross version on the strength of a fire shot sustained by a bubalus, owned by one Shah Muham mad, examined at a veterinary center on the following day to blame the injured as being aggressor in the episode.
2. Heard. Record perused.
3. Reliance upon a statement, purportedly made by the injured and recorded by the Investigating Officer in case diary dated 11.02.2020, surprisingly annexed with the petition, wherein he exclusively blamed Hashmand co- accused for the injuries on his person is entirely beside the mark, besides being violative of subsection (2) of section 172 of the Code of Criminal Procedure, 1898 and, thus, this petition, with disapproval, is liable to be dismissed on this ground alone. Even otherwise, having regard to the totality of circumstances whereunder the petitioner is alleged to have actively participated in the occurrence, that squarely constituted mischief of section 324 of the Pakistan Penal Code, 1860, punishable with imprisonment for a period of ten years, attracting the bar that cannot be circumvented in the face of 'reasonable grounds' as contemplated by section 497 of the Code, view taken by the courts below being well within the remit of law calls for no interference. Petition fails. Leave declined.
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