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Petitioner: Aqal Khan VS Respondent: The State and another
Court Name: Supreme Court of Pakistan Judge(s): Qazi Muhammad Amin Ahmed, Mazhar Alam Khan Miankhel Title: Aqal Khan vs The State and another Case No.: Criminal Petition No. 619 of 2020 Date of Judgment:2020-08-03 Reported As: 2020 SCMR 1431 Result: Bail granted
Judgment ORDER QAZI MUHAMMAD AMIN AHMED, J.---Aqal Khan, petitioner herein, allegedly accompanied Meeran Jan, co- accused, no other than his real brother, attributed fatal shot to Maseet Khan deceased, at 9:00 a.m. on 09.11.2019, within the remit of Police Station Bara in the backdrop of a past feud; Courts below declined the request on his having been found in the community of intention with the co-accused, still away from law. It is alleged that the petitioner, after the incident, took away a pistol, carried by the deceased and got it recovered after his arrest, a circumstance that conclusively established his presence at the scene so as to stand disentitled to the concession of bail, no overt act notwithstanding. 2. Heard. Record perused. 3. It would be less than expedient to comment upon the factual aspects/merits of the case, however, what is evident from the record is that during his, seemingly, unanticipated encounter with the deceased, the later was singularly targeted by the co-accused; first information report sans details of snatching of deceased's gun by the petitioner and as such, circumstances cumulatively hovering over the incident, squarely brings petitioner's case within the purview of subsection (2) of section 497 of the Code of Criminal Procedure 1898; a case for his admission to bail stands made out; he shall be so released upon furnishing bonds in the sum of Rs.500,000/- with two sureties each in the like amount to the satisfaction of the trial Court/duty Judge; delay in filing of petition is condoned which is converted in to appeal and allowed.