| Citation(s) |
|---|
| 2026 SLD 3433 |
Criminal Miscellaneous Bail Application No. 63-B of 2026
Presented By: Mr. Justice Sabit Ullah Khan
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 Date of Decision 18.03.2026
Sher Ali v. The State, etc.
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. The prosecution alleged that the petitioner, along with co-accused, participated in a firing incident resulting in the death of one person and injuries to others. The occurrence also generated a cross-version, with both sides accusing each other of being the aggressor.
The High Court observed that co-accused assigned identical roles had already been acquitted in both the principal case and the cross-case on the same prosecution evidence. Since the identity of the actual aggressor could only be determined after recording evidence at trial, the case fell within the scope of "further inquiry" under Section 497(2) Cr.P.C.
The Court further noted that no confessional statement or recovery had been effected from the petitioner. The prosecution case rested on the same evidence already disbelieved by the trial court in respect of the acquitted co-accused. The petitioner's alleged abscondence, by itself, was held insufficient to deny bail where the case otherwise called for further inquiry.