NASIM ULLAH KHAN vs State S — 2023 YLRN 41 PESHAWAR-HIGH-COURT

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NASIM ULLAH KHAN VS State S. 497--- Penal Code (XLV of 1860), S.302---Qalt-i-amd---Bail---Scope--- Court while considering bail matter of an accused, involved in non-bailable offences, are to see as to whether the collected material are sufficient for believing him guilty of an offence entailing capital punishment, then in that situation the concession shall not be extended, and if the same concession is granted to every accused without considering the merits of the case, on the mere ground that every accused is innocent, unless and until proven guilty, then the thin line drawn between the two categories of offence i.e. bailable and non-bailable would eliminate---Such discretion must be exercised judiciously, after appreciating facts and circumstances of each case---In presence of significant material constituting reasonable grounds connecting the accused with the alleged offence, the courts are always slow to accede to the concession of bail. S. 497---Bail---Scope---Bail applications cannot be heard and decided in a vacuum and court of law while deciding the bail matter should apply its judicial mind to the collected evidence, so to avoid miscarriage of justice but every particular case has its own peculiar circumstances. S. 497---Bail---Plea of alibi---Scope---Plea of alibi if taken at earliest shall not outrightly be rejected but this principle varies from case to case. S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qalt-i-amd and common intention---Bail, refusal of---Prompt FIR---Plea of alibi, non-consideration of---Deeper appreciation of evidence---Scope---Accused sought post arrest bail in an FIR lodged under Ss. 302 & 34, P.P.C.---Accused was directly charged for commission of murder of the deceased and the matter was promptly reported to the local police---Accused, soon after getting his interim bail before arrest, had submitted an application for fair investigation and the Investigating Officer had visited the Court premises, recorded statements of all concerned and collected affidavits in respect of plea of alibi---Though plea of alibi could not be outrightly rejected but its genuineness and authenticity was only possible when the matter came before the Trial Court---Appreciating the evidence in respect of plea of alibi could prejudice the case of either side, while on the other hand, it amounted to deeper appreciation of evidence, which was not warranted at bail stage---Accused prima facie seemed connected with the commission of the offence and could not succeed in making out a case for bail---Application was dismissed, in circumstances.

NASIM ULLAH KHAN vs State S — 2023 YLRN 41 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported