WASEEM ULLAH vs The STATE

This petition for leave to appeal arose from the refusal of bail to the petitioner in a criminal case registered under Section 462-C of the Pakistan Penal Code 1860, concerning the alleged illegal extraction of gas. The core legal question before the Supreme Court was whether the petitioner was entitled to the grant of post-arrest bail given the state of the investigation. Upon inquiry by the Court, the Deputy Attorney General and the Investigating Officer conceded that no evidence had been collected regarding the specific premises where the alleged illegal extraction of gas was purportedly occurring. Consequently, the Court held that the petitioner's guilt required further inquiry, satisfying the criteria for bail under the relevant provisions of the Code of Criminal Procedure 1898. The Supreme Court allowed the appeal, converted the petition into an appeal, and granted bail to the petitioner subject to the furnishing of a personal recognizance bond and surety. The judgment reaffirms the principle that where the prosecution fails to establish a prima facie case or collect incriminating evidence during the investigation, the accused is entitled to the concession of bail.