MUHAMMAD NAWAZ Alias NAJJA vs The STATE

This matter came before the Supreme Court of Pakistan upon a petition for leave to appeal converted into an appeal, wherein the petitioner Muhammad Nawaz alias Najja sought post-arrest bail. The core legal question concerned whether the petitioner was entitled to bail in light of the statements made by the prosecution witnesses. The Court examined the material witnesses produced by the Investigating Officer, who testified and supported their affidavits stating that the petitioner was not implicated in the occurrence. The learned counsel for the State conceded and could not oppose the bail plea given these statements. Holding in favor of the petitioner, the Supreme Court converted the petition into an appeal and granted bail to the petitioner subject to furnishing surety bonds. The key principle laid down is that where prosecution witnesses categorically disown or state on oath that an accused is not involved in the crime, and the State does not oppose the same, the accused establishes a case for the grant of bail.