RESHAM KHAN vs State S — 2021 SCMR 2011 SUPREME-COURT

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RESHAM KHAN VS State S. 173--- Constitution of Pakistan, Art. 185(3)--- Bail--- Police opinion---Scope---Opinion expressed by Investigation agency was neither binding on court nor could be taken as gospel truth but it depended on the circumstances of each case to be considered---Court could not get rid of or brush aside such opinion unless some other cogent reasons or extenuating circumstances were available to discard and dislodge such opinion to come to another judicious and sagacious conclusion. Citation Name: 2021 SCMR 2011 SUPREME-COURTBookmark this Case RESHAM KHAN VS State art. 185(3)---Bail---Further inquiry---Scope---Insight and astuteness of further inquiry was a question which must have some nexus with the result of the case for which a tentative assessment of the material on record was to be considered for reaching just conclusion---Case of further inquiry pre-supposed the tentative assessment which may create doubt with respect to the involvement of accused in the crime. Citation Name: 2021 SCMR 2011 SUPREME-COURTBookmark this Case RESHAM KHAN VS State Ss. 302, 109, 148 & 149---Qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Further inquiry---Discrepancy in location and nature of injuries---Complainant reached at the scene of crime when the accused persons were escaping from the spot which explicated that complainant was himself not the eye-witness of the incident but he was informed by two other witnesses, who were allegedly present at the scene of offence---In the FIR the complainant claimed that the firearm injuries were shot on the front side of abdomen of deceased, but the postmortem report did not show any wound of entry on abdomen from front side but showed exits---According to the challan submitted by the Investigation Officer (I.O), the names of accused persons were mentioned in Column No.2 and they were not sent for trial and for such reason the complainant had already filed a private complaint---Locale of injury in the FIR were pointed out by the complainant on the front of abdomen and left side of deceased's body, whereas in the private complaint the complainant had mentioned that the accused persons had caused firearm injuries on different parts of body of deceased and did not point out any specific locale of injuries---Investigation had been completed; report under S. 173, Cr.P.C. had been already filed---Case emanating from FIR and private complaint were proceeding in the Trial Court---No tangible evidence or incriminating material had been found or collected by the I.O against the accused persons, hence, there shall be no useful purpose achieved or attained to hold him behind bars---Sufficient grounds were available for further inquiry---Petition for leave to appeal was converted into appeal and allowed, and accused persons were granted post arrest bail. Citation Name: 2021 SCMR 2011 SUPREME-COURTBookmark this Case RESHAM KHAN VS State art. 185(3)---Bail---Benefit of doubt---Benefit of doubt could be extended to the accused even at bail stage if the facts of the case so warrant. Citation Name: 2021 SCMR 2011 SUPREME-COURTBookmark this Case RESHAM KHAN VS State art. 185(3)--- Bail--- appreciation of evidence--- Scope--- Further inquiry---at bail stage deeper appreciation of evidence couldn't be made out but the court had to get the picture through tentative assessment of prosecution story---In order to reach even a tentative assessment, whether the accused had made out a case of further inquiry or not, the court had to glean and congregate the composite effect of incriminating material brought on record by the prosecution, inconsistency or contradiction if any in the statement made in the FIR vis-à-vis postmortem report and or the situation where ocular evidence was not supported by the medical evidence.

RESHAM KHAN vs State S — 2021 SCMR 2011 SUPREME-COURT

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