AZIZ-UR-REHMAN vs THE STATE

This matter concerns a bail application filed by the petitioner, Aziz-ur-Rehman, who sought post-arrest bail in a case involving the theft of electric wire. The petitioner had been denied bail by the lower court based on the alleged recovery of wire from the shop of a third party, Mamrez, upon the petitioner's pointation. The core legal question addressed was whether the petitioner was entitled to bail given that co-accused persons had already been granted bail and the evidentiary value of the alleged recovery was questionable. The Peshawar High Court observed that the third party from whom the wire was recovered was neither an accused nor a witness, and no identification parade or verification had been conducted by the investigating agency to link the recovered items to the alleged theft. Furthermore, the court noted that other co-accused, including employees of the Electricity Department caught red-handed, had already been released on bail. Consequently, the court held that the petitioner was entitled to bail, emphasizing the principle of consistency in bail matters and the lack of incriminating evidence at the current stage of investigation.