Lal Marjan and another vs Islam Gul and others
This matter concerns a petition for post-arrest bail in a criminal case involving murder and firing. The incident involved two masked pillion riders who opened indiscriminate fire, resulting in the death of one victim. The petitioners were implicated in a supplementary statement recorded several days after the incident, allegedly due to a past motive involving a runaway marriage. The core legal question before the Supreme Court was whether the petitioners were entitled to bail in the absence of strong incriminating evidence at the pre-trial stage. The Court observed that the assailants were masked, making identification difficult, and noted the Investigating Officer's failure to recover the weapon or the motorbike used in the crime. Consequently, the Court held that the prosecution's case relied heavily on the supplementary statement, the evidentiary value of which required assessment during trial. Finding a case for further inquiry, the Court granted bail to the petitioners under the provisions of the Code of Criminal Procedure 1898, emphasizing that where the prosecution's case rests on evidence requiring deeper scrutiny, bail should be granted.
- Does the failure of the prosecution to recover the weapon or vehicle used in a crime constitute grounds for further inquiry under Section 497 of the Code of Criminal Procedure 1898?
- Can bail be granted when the prosecution's case against the accused relies primarily on a supplementary statement that requires evidentiary assessment at trial?
- Is the identification of masked assailants a relevant factor in determining the entitlement of an accused to post-arrest bail?
- Section 497, Code of Criminal Procedure 1898
ORDER
QAZI MUHAMMAD AMIN AHMED, J.---Two masked pillion riders surprised the complainant and the witnesses with sudden indiscriminate firing at 5:45 p.m. on 28.7.2020 within the remits of Police Station Barra District Khyber; from amongst the injured, Safeer subsequently succumbed to the injuries. As the investigation progressed, the complainant came up with a supplementary statement purportedly recorded on 6.8.2020 wherein the petitioners were arrayed as the culprits against the backdrop of deceased's runaway marriag e with a lady related with them, way back in the year 2012.
2. Heard. Record perused.
3. Be that as it may, it is prosecution's own case that the assailants who emerged at the spot all of a sudden had concealed their faces with masks; 19 casings of 7.66 caliber secured from the spot suggest use of an automatic weapon, indicating suddenness of the episode in retrospect. Investigating Officer's failure to recover the weapon or the motorbike used during the occurrence brings fate of prosecution case to be essentially decided on the basis of supplementary statement, evidentiary value whereof, is to be best assessed after recording of evidence. A case for petitioners' release on bail is made out within the contemplation of subsection (2) of section 497 of the Code of Criminal Procedure 1898; they shall be released upon furnishing bonds in the sum of Rs.500,000/- with one surety each in the like amount to the satisfaction of the learned trial Court. Petition is converted into appeal and allowed. 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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