MUHAMMAD SALMAN vs THE STATE
This matter arises from an application for pre-arrest bail filed before the Sindh High Court by the applicant, Muhammad Salman, after the trial court issued notice on his bail petition instead of granting immediate interim relief. The core legal question concerned whether interim pre-arrest bail should be granted where the primary evidence implicating the accused consists of a police statement of a co-accused and allegations of nomination due to enmity. The court held that interim pre-arrest bail is to be granted to the applicant subject to furnishing the requisite surety and PR bond. The key principle laid down is that interim pre-arrest bail may be accorded in appropriate circumstances pending confirmation when the evidentiary basis primarily rests on a co-accused's statement and assertions of mala fides or enmity.
- Whether interim pre-arrest bail can be granted when the trial court issues notice on a bail application instead of granting immediate relief?
- Can a police statement of a co-accused serve as sole reliance for denying pre-arrest bail in the facts and circumstances of a case?
ORDER
SARMAD JALAL OSMANY, J.---Granted.
2. Per learned Counsel, he had approached for bail before arrest, before learned Trial Court which has, per impugned order, issued notice and hence the applicant has no option but to apply before this Court for the same relief. In these circumstances, office, objection is overruled.
3. Granted subject to all just exception.
4. Learned counsel for the applicant says that the only piece of evidence available against the applicant/accused is the police statement of co-accused which cannot be relied upon by the Prosecution for convicting the applicant/accused. Secondly per learned counsel, co-Accused have nominated the applicant/accused due to enmity etc. He, therefore, prays that interim bail before arrest may be accorded to the applicant/accused particularly since when he approached the learned Trial Court, notice was issued on his bail application only.
' I have heard learned counsel and gone through the impugned order. In the facts and circumstances, interim bail before arrest is granted to the applicant/accused subject to his furnishing surety in the sum of Rs,1,00,000 (Rupees One Lac only) and PR Bond in the like amount to the satisfaction of the Nazir of this court. Issue notice to the DAG.
' To come up for confirmation or otherwise on 20-6-2006. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.