ABDUL RAZZAQ Versus State
This matter concerns a petition for post-arrest bail in a murder case. The petitioner was accused of killing the deceased, Zahid Shah, based on statements from witnesses recorded twelve days after the incident, who claimed the petitioner borrowed and returned a firearm later linked to the crime scene via forensic analysis. The High Court had previously denied bail, finding reasonable grounds for the petitioner's involvement. Upon review, the Supreme Court observed that the attribution of the weapon to the petitioner, in the absence of other corroborating evidence, presented a triable issue requiring further examination. Furthermore, the Court noted that the petitioner's school leaving certificate indicated he was a juvenile at the time of the offense, entitling him to statutory concessions. Concluding that the investigation was complete and continued incarceration would serve no purpose, the Court converted the petition into an appeal, allowed it, and granted bail to the petitioner subject to furnishing a bail bond. The judgment reinforces the principle that where the prosecution's case relies on contested forensic evidence and the accused is a juvenile, bail is appropriate pending trial.
- Does the recovery of a weapon linked to a crime scene by forensic analysis, without other corroborating evidence, constitute sufficient grounds to deny bail?
- Is a school leaving certificate sufficient evidence to establish the status of a juvenile offender for the purpose of bail?
- Should a juvenile accused be granted bail when the investigation is complete and continued detention serves no further purpose?
ORDER
QAZI MUHAMMAD AMIN AHMED, J.--- Zahid Shah, 18/19, was spotted dead on 17.1.2021 within the precincts of Police Station Landi Kotal, District Khyber; his uncle Shoqi Muhammad reported the incident to police without mentioning the accused or motive for the crime. Autopsy conducted at 10:45 a.m. on 18.1.2021 noted two firearm entry wounds on the skull, inflicted within the preceding 9 to 18 hours; as the investigation progressed, the petitioner was hauled up as a suspect on the basis of statements of Iqrar Hussain and Roman PWs, recorded as late as on 29.1.2021; according to the witnesses, the petitioner had borrowed a .30 caliber pistol which he subsequently returned to them; the pistol was produced by the witnesses to the police and it was forensically found wedded with the casings, secured from the spot. The High Court considered the evidence, sufficient to constitute "reasonable grounds" and declined bail vide impugned order dated 19.03.2021.
2. Heard. Record perused.
3. Be that as it may, the question as to whether .30 caliber pistol presented to the police by the prosecution witnesses, shown to have ejected casings of the fatal shots can be attributed to the petitioner so as to conclusively saddle him with the culpability of crime in the absence of any other evidence is certainly an issue that needs to be settled after recording of evidence. In the school leaving certificate, petitioner's date of birth is recorded as 6.9.2004, bringing his status within the remit of juvenility with concomitant concessions available to him under the law. Even otherwise, investigation being complete, petitioner's continuous detention is not likely to improve upon prosecution's case; a case for his release on bail stands made out. Petition is converted into appeal and allowed; the petitioner/appellant shall be released, pending his trial, upon furnishing bond in the sum of Rs.500,000/- with one surety in the like amount to the satisfaction of the learned trial Court.
MWA/A-38/SC Bail granted.