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Petitioner: Bilal Khan VS Respondent: The State through P.G., Punjab and another
Court Name: Supreme Court of Pakistan Judge(s): Sh. Azmat Saeed, Yahya Afridi Title: Bilal Khan vs The State through P.G., Punjab and another Case No.: Criminal Petition No. 715 of 2018 Date of Judgment:2018-08-02 Reported As: 2020 SCMR 937 Result: Bail refused
Judgment ORDER SH. AZMA T SAEED, J.---Through this Criminal Petition, the Petitio ner is seeking post arrest bail in case FIR No. 293/2017 dated 04.11.2017, under sections 324, 109/34, P.P.C. registered at Police Station Mochh, which has been declined to him by the fora below . ' 2. It is contended by the learned counsel that the Petitioner was found innocent in the police investigation and no recovery has been effected from the Petitioner . It is further contended that the PWs in their respective statements recorded under section 161, Cr .P.C. did not incriminate the Petitioner . 3. The learned counsel for the Complainant and the learned DPG have controverted the contentions raised on behalf of the Petitioner . 4. There can be no escape from the fact that the Petitioner is nominated in the FIR with a specific role of causing firearm injury to one Zararullah Khan. The said injured PW has accused the Petitioner and stands by his statement. It is not clear on what basis the Police found the Petitioner innocent. At the bail stage, only a tentative assessment is to be made and deeper appreciation is not permissible. There is sufficient B material on record to connect the Petitioner with the crime. The offence falls within the prohibitory clause of section 497, Cr.P.C. in this view of C the matter , we are not inclined to grant post-arrest bail to the Petitioner . Hence, this Criminal Petition must fail. 5. Accordingly , this Criminal Petition being without merit is dismissed and leave declined.
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