| Citation(s) |
|---|
| 2026 SLD 3380 |
Criminal Misc. Bail Application No. 63-B of 2026
Presented By: Sabit Ullah Khan, Judge
For Petitioner: Mr. Farooq Khan Sokari, Advocate For the State: Muhammad Asghar Khan Ahmadzai, Additional Advocate General For
Respondents: Mr. Muhammad Rashid Khan Dirmakhel, Advocate
Sher Ali
VS
. The State and others
Law: Pakistan Penal Code (PPC),1860
Section: 302, 324, 148, 149
Law: Code of Criminal Procedure, 1898
Section: 497(2)
SUMMARY
The petitioner sought post-arrest bail in a murder case arising out of FIR No.1288 dated 14.08.2021 registered under Sections 302, 324, 148 and 149 PPC. The occurrence resulted in cross-version cases, with each party alleging that the other was the aggressor.
The High Court observed that several co-accused having identical roles had already been acquitted in both the main case and the cross-case on the same evidence. The Court held that determining the actual aggressor required a full trial, making the petitioner's case one of further inquiry under Section 497(2) Cr.P.C.
The Court further noted that no incriminating recovery or confession was made after the petitioner's arrest. Although the petitioner had remained absconding, the Court held that abscondence alone is not sufficient to refuse bail where the case otherwise falls within further inquiry.