According to the prosecution story, role attributed to the petitioner/accused is that he made firing with Kalashnikov, which hit at the left side of temporal region of Naseer Hussain Shah due to which he got injured. Medico Legal Report of injured Naseer Hussain Shah issued by Federal Government Services Hospital, Islamabad shows that the kind of weapon used was ”Blunt ” and it is further mentioned that “the possibility of fabrication cannot be ruled out.”
Medical Board of the senior doctors was also constituted vide order dated 01.04.2021 passed by the District Magistrate, Islamabad; the opinion of the Medical Board is as under:
“We endorsed the nature of wound & fracture of parietal bone with associated brain injury hematoma evident by C.T. Scan report and operation but the caused by a bullet is still to be answered by some forensic expert as the speed of bullet that is causing the fracture of bone but could not exit from/or move from the scalp skin out.”
In Firearms Report dated 28.06.2021, the following opinion has been given:
“The bullet B-852 is fired from 7.62x39mm caliber (Kalashinkov) ammunition. Photograph and X-ray of injured person reveals that either the bullet injury is fabricated or the bullet strike after passing through some intermediate target from long range. Note: Report is subject to the item(s) examined by the experts.”
. It is evident from the above mentioned three expert reports that there are material contradictions between the Medico Legal Report and the ocular evidence.
It is well settled principle of law that while deciding the bail application, before recording of evidence in the trial Court, only tentative assessment is to be made by the Court and it is not permissible to go into details of evidence in one way or the o ther that might prejudice the case of either party.
It is important to remember that bail is not to be withheld as a punishment. There is no legal or moral compulsion to keep the people in jail merely on the allegation that they have committed
offences with death or transportation, unless reasonable grounds exist to disclose their complicity. The ultimate conviction an d incarceration of a guilty person can repair the wrong caused by a mistaken relief of bail after arrest granted to him, but no satisfactory reparation can be offered to an innocent man for his unjustified incarceration at any stage of the case albeit his acquittal in the long run.
Criminal Misc. No. 703-B of 2021
Tufail Ahmad Versus The State and another.
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