SHARIF KHAN vs State S — 2021 SCMR 87 SUPREME-COURT

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SHARIF KHAN VS State S. 497(5)---Bail, cancellation of---Scope---Ordinarily superior courts were hesitant and reluctant in interfering with an order extending concession of bail---Once concession of bail was granted by a court of competent jurisdiction then very strong and exceptional grounds would be required to hamper with the concession extended to an accused---Any (contrary) view taken by the court would be synonymous to curtailing the liberty of the accused prior to completion of trial, which otherwise was a precious right guaranteed under the Constitution. Citation Name: 2021 SCMR 87 SUPREME-COURTBookmark this Case SHARIF KHAN VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Bail, grant of---Further inquiry---In response to the accusation, the accused surrendered himself before the local police and pleaded his innocence while raising plea of alibi---Investigating Officer in order to verify the plea raised by the accused, investigated the matter at length and finally came to the conclusion that the accused was not present at the spot at the time of occurrence---As a consequence, he was declared innocent while placing his name in the column No.02 of the report under S. 173, Cr.P.C.---Deceased sustained two injuries whereas while lodging crime report, the complainant had assigned allegation against three persons who indulged into indiscriminate firing with their respective weapons---Contradiction regarding the number of assailant and injuries sustained by the deceased was also considered by the Investigating Officer---Allegation against all of the accused persons was generalized in nature and there was no specification of injury attributed to anyone of them---Case of the accused was one of further inquiry fully covered under S. 497(2), Cr.P.C. entitling him for concession of bail---Such aspects were rightly taken into consideration by the Trial Court while granting post arrest bail to the accused, which order was recalled by the High Court---Bail recalling order of High Court was set-aside and accused was granted bail---Petition for leave to appeal was converted into appeal and allowed accordingly.

SHARIF KHAN vs State S — 2021 SCMR 87 SUPREME-COURT

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