SHAFI MUHAMMAD Versus THE STATE

This matter concerns a post-arrest bail application filed by the applicant, Shafi Muhammad Brohi, who is facing trial for offences under the Pakistan Penal Code 1860 in connection with Crime No. 49 of 2003. The applicant is alleged to have caused an injury to the hand of the deceased, while the fatal injury is attributed to a co-accused who remains at large. The applicant had been in custody since June 25, 2003, and the trial had not progressed significantly. The core legal question was whether the applicant was entitled to bail given the nature of the allegations and the status of the trial. The Court held that the issue of common intention, which is central to the prosecution's case, cannot be determined at the bail stage and must be resolved during the trial. Consequently, the Court admitted the applicant to bail, subject to the furnishing of solvent sureties and a personal recognizance bond to the satisfaction of the trial Court, emphasizing that evidentiary assessments regarding shared liability are premature before trial proceedings.