KHALIL AHMAD vs THE STATE
The petitioner sought post-arrest bail in a murder case where he was accused of causing a firearm injury to the deceased's face. The co-accused was alleged to have caused a rifle injury to the deceased's chest. The post-mortem report revealed that the injury on the deceased's cheek was actually an exit wound corresponding to the entry wound on the chest caused by the co-accused, rather than an independent injury caused by the petitioner. Furthermore, no firearm weapon was recovered from the petitioner. The core legal question was whether, given the medical evidence contradicting the prosecution's version of the petitioner's specific role, there were reasonable grounds to believe the petitioner was guilty of the offence charged. The Court held that the discrepancy between the ocular account and the medical evidence, coupled with the lack of weapon recovery, entitled the petitioner to the concession of bail. The key principle laid down is that where medical evidence contradicts the prosecution's allegations regarding the specific injury attributed to an accused, the case for further inquiry is made out, justifying the grant of bail.
- Does a contradiction between the medical report and the prosecution's allegation regarding the nature of an injury entitle an accused to bail?
- Is the absence of weapon recovery a relevant factor for the grant of bail in a murder case?
- Section 497, Code of Criminal Procedure 1898
ORDER KHALIL-UR-REHMAN RAMDAY, J.- Khalil Ahmed-petitioner and two others stand accused of murder of one Ghulam Jilani. According to the F.I.R., a co-accused of the present petitioner namely Abdullah was burdened with a , 7 mm rifle injury on the upper right chest of the said deceased while Khalid Ahmed-petitioner was saddled with a fire-arm injury on the face of the said deceased. Ineffective firing was attributed to Abdul Qadeer accused.
2. According to the post-mortem examination report the injury on the left cheek of the deceased was a wound of exit , of the injury caused on the right chest of the deceased. No fire-arm weapon was recovered from the petitioner.
3. In this view of the matter Khalil Ahmed-petitioner is directed to be released on bail in case F.I.R.
No. 104/2000, dated 23.6.2000 of Police Station Harnoli, District Mianwali subject to his furnishing security in the sum of Rs.25,000/- with two Sureties each in the like amount to the satisfaction of the learned Trial Court. 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.