The procedural relief of bail is generally granted in cases of two versions in the absence of some extraordinary circumstances, more importantly when the counter stance of the accused about the same incident is supported by some record and investigation. The courts lean in favour of extending the concession of post-arrest bail to an accused in cases of crossversion on the premise that in such like cases it is always in fitness of things to leave the question of initiation of aggression to the trial court where it can best be decided after in-depth analysis of the evidence.
In routine ipse-dixit of the police without evaluating the supporting reasoning is not considered sufficient for the grant of post-arrest bail in a homicide case. Such opinion in favour of an accused can still be used for enlarging him on post-arrest bail if it is based on some confidence inspiring material by examining it on the touchstone of tentative assessment. The courts are not oblivious of the fact that vested interests, defective investigations and dishonest opinions have eroded and polluted the investigation process of criminal cases in our country. At the same time, the vengeance of litigants prompts them to grill some innocent persons along with actual offenders in criminal cases and fair police investigation is the only tool left for lifting veil from the actual facts. In the instant case, it is observed from record that petitioner was declared innocent on the basis of visuals of incident captured in CCTV camera installed adjacent to the crime scene. These visuals were also forwarded to PFSA and it was reported that the clips are free from editing and tampering. Needless to mention here that such video clips have legal admissibility in consonance with Articles 46-A & 164 of Qanun-eShahadat Order, 1984, thus can be taken into consideration even at bail stage. According to the police opinion based on these visuals, in fact the complainant-side mounted an aggression to take the life of petitioner who got married earlier in the day but unfortunately Fahad and Ahad became victim of this attack, though none out of them was having any concern with the ongoing enmity of the two families. The learned counsel for the complainant and learned law officer were also confronted with the opinion of police and the material upon which it was based but they remained more or less speechless. The judicial archives are not bereft of precedents wherein bail is granted to the accused ascribed the role of inflicting firearm injuries either to deceased or to the injured witnesses.
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