Post-Arrest Bail Denied in Family Dispute involving Double Murder --- Supreme Court of Pakistan
Islamabad 06-08-2024: The Supreme Court of Pakistan has dismissed the post-arrest bail petition of petitioner, accused in a double murder case stemming from a family dispute. The decision was handed down by a bench comprising Mr. Justice Naeem Akhtar Afghan and Mr. Justice Shahid Bilal Hassan.
The petitioner, along with his brother, was implicated in an incident on October 11, 2023. According to the First Information Report (FIR) No. 470/23, lodged by Asghar Ali, the complainant, an altercation erupted between Khan's family and the complainant's family over a joint Hujra (guest room). During the confrontation, Khan and his brother allegedly opened fire, resulting in the death of Mst. Khurmat and subsequent death of Mst. Riffat due to injuries, while several others were injured.
Khan’s counter-complaint recorded in Roznamcha No.19 on the same day presented a different narrative. He claimed that while he and his wife were engaged in construction work, the complainant’s relatives attacked them. This counter-complaint alleged that members of the complainant’s family initiated the violence, leading to injuries to Khan’s wife and himself and the arson of his property.
The investigation uncovered significant evidence, including the recovery of crime empties from the scene. Fifteen crime empties of 7.62 bore and fifteen of 9 mm were collected, with a Kalashnikov being recovered from the house of Khan's relative. Firearm expert reports linked these empties to the weapons allegedly used by Khan and his brother.
The Supreme Court, after reviewing the available evidence and the statements from both parties, concluded that there was sufficient incriminating material against Khan. The Court noted the positive firearm expert reports and the prima facie involvement of Khan in the murder of two individuals and the assault on the complainant’s family.
Mr. Justice Naeem Akhtar Afghan, in the order, emphasized the gravity of the offenses and the compelling nature of the evidence. The Court held that the registration of a counter-version by Khan did not suffice to warrant bail.
The Supreme Court dismissed the petition for post-arrest bail, underscoring that the observations made are tentative and should not influence the trial's merits.
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