AKHTAR vs KHWAS KHAN S — 2024 SCMR 476 SUPREME-COURT

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AKHTAR VS KHWAS KHAN S. 497---Constitution of Pakistan, Art. 185(3)---Bail---Principles---Expression reasonable grounds used in section 497, Cr.P.C---Meaning---Expression "reasonable grounds" as contained under section 497, Cr.P.C., necessitates the prosecution to show that it is in possession of sufficient material or evidence to demonstrate that accused had committed an offence falling within the prohibitory limb of section 497, Cr.P.C.---However for seeking the concession of bail, the accused person has to show that the material or evidence collected during investigation against him creates reasonable doubt or suspicion in the prosecution case---While deciding bail applications, it is the foremost duty of the Courts to apply judicious mind tentatively for reaching the just and proper conclusion regarding whether reasonable grounds are made out or not to enlarge the accused on bail, and the expression 'reasonable grounds' signifies and corresponds to the grounds which are legally rational, acceptable in evidence and attractive to the judicial mind, as opposed to being imaginative, fallacious and/or presumptuous---Whenever reasonable doubt ascends with regard to the involvement of an accused person in the crime or about the certainty or probability of the prosecution case and the evidence proposed to be produced in support of the charge in Court during trial, the accused should not be deprived of the benefit of bail and it would be better to keep him on bail than in jail. Citation Name: 2024 SCMR 476 SUPREME-COURTBookmark this Case AKHTAR VS KHWAS KHAN S. 497(2)---Constitution of Pakistan, Art. 185(3)---Bail---Further inquiry---Scope---Further inquiry is a question which must have some nexus with the result of the case for which a tentative assessment of the material on record is to be considered for reaching a just conclusion---It pre-supposes the tentative assessment which may create doubt with respect to the involvement of the accused in the crime. Citation Name: 2024 SCMR 476 SUPREME-COURTBookmark this Case AKHTAR VS KHWAS KHAN Ss. 161 & 497(2)---Qanun-e-Shahadat (10 of 1984), Arts. 38, 39 & 40---Confession made by accused before the police---Such confession is not admissible. Citation Name: 2024 SCMR 476 SUPREME-COURTBookmark this Case AKHTAR VS KHWAS KHAN S. 497---Constitution of Pakistan, Art. 185(3)---Bail---Principles---Principle that prosecution has to prove its case beyond reasonable doubt---Said principle applies at all stages including the pre-trial stage, and even at the time of deciding whether the accused is entitled to bail or not. Citation Name: 2024 SCMR 476 SUPREME-COURTBookmark this Case AKHTAR VS KHWAS KHAN S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 120-B, 201 & 109---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, criminal conspiracy, causing disappearance of evidence of offence, abetment, possession of illegal weapon---Bail, grant of---Further inquiry---Name of the petitioner-accused was not mentioned in the FIR which was against some unknown persons---There was also no eye-witness of the incident---Pistol was recovered in the absence of the petitioner, from his brother, for which a separate FIR had been lodged---Even if the empties recovered from the scene of the crime were matched, it was to be seen by the Trial Court after recording evidence whether the bullets were shot by the petitioner or not---Reliance on a single picture captured from a CCTV system could not be treated as a substantial piece of evidence at bail stage, rather it was subject to the evidence, as may be recorded by the Trial Court, whether it had any nexus to the scene of crime---FIR was lodged on 11.12.2002 against unknown persons but on 15.12.2022 the complainant, by means of statement recorded under section 164, Cr.P.C., implicated the petitioner on the ground that there was a quarrel between the deceased and the petitioner, which alleged incident was in the knowledge of the complainant, but no such indication or disclosure was made while lodging the FIR---Case of petitioner required further inquiry to prove his guilt which could only be thrashed out after recording of evidence in the Trial Court---Petition for leave to appeal was converted into appeal and allowed, and accused was granted post-arrest bail.

AKHTAR vs KHWAS KHAN S — 2024 SCMR 476 SUPREME-COURT

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