The Supreme Court has held that where no weapon has been recovered from an accused and the forensic report indicates that the casings recovered from the crime scene were fired from the same pistol, further inquiry is required to determine the accused’s role in the offence and consequently granted post-arrest bail to 78-year-old Nadir Khan.
Further probe warranted, SC grants post-arrest bail to 78-year-old accused
ISLAMABAD, Sep 25 (APP): The Supreme Court has held that where no weapon has been recovered from an accused and the forensic report indicates that the casings recovered from the crime scene were fired from the same pistol, further inquiry is required to determine the accused’s role in the offence and consequently granted post-arrest bail to 78-year-old Nadir Khan.
A three-member bench comprising Justice Jamal Khan Mandokhail, Justice Naeem Akhtar Afghan and Justice Aqeel Ahmed Abbasi, after hearing a criminal petition on September 21, set aside the Peshawar High Court’s July 10, order and granted bail to the accused.
In its detailed written judgment, the Supreme Court observed that according to the First Information Report, a common firing role had been attributed to the accused and his two sons. However, prima facie, there was no specific material establishing what role the accused had played in causing the fatal injuries to the deceased.
The court observed that, in such circumstances, the possibility that the accused had been implicated in the case in a broader manner could not be ruled out at this stage.
The Supreme Court noted that both the subordinate courts had failed to properly examine this aspect of the case. It further observed that no weapon had been recovered from the accused.
According to the court, the forensic report indicated that the casings recovered from the crime scene had allegedly been fired from the same pistol, which further demonstrated the need for additional inquiry into the accused’s role.
The court also took into consideration the accused’s medical condition, noting that the 78-year-old suffered from hypertension, diabetes and a cardiac ailment. A medical board, during examination, had identified changes in his electrocardiogram, reduced movement of a portion of the heart and impaired cardiac function, among other medical complications.
The court observed that despite confirmation of the ailments by the medical board, the request for bail on medical grounds had been rejected without determining whether the required medical facilities and treatment were available or being provided to the accused in jail.
In such circumstances, the court observed, failure to provide timely medical care could pose a risk to the accused’s life.
The Supreme Court converted the criminal petition into an appeal and allowed it, setting aside the Peshawar High Court’s order.
The court ordered that Nadir Khan be released on post-arrest bail against surety bonds of Rs200,000 and one surety in the like amount.
