Pakistan Case Law
1993 SCMR 2288

Dr. MUHAMMAD ASLAM vs THE STATE

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Citation1993 SCMR 2288
CourtSupreme Court of Pakistan
Case No.Cr.P. No, 113/L of 1993
Date1993-04-11
Judge(s)Nasim Hasan Shah and Saleem Akhtar
Authored byNasim Hassan Shah
ResultBail allowed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal against the refusal of bail in a criminal case. The core legal question before the Supreme Court was whether the petitioner was entitled to the grant of bail pending trial, given the investigative findings regarding his alleged involvement. The Court observed that two separate Deputy Superintendents of Police, who had investigated the matter, concluded that the petitioner was innocent. Furthermore, the police official presenting the case record before the Court confirmed these findings. Finding prima facie force in the contention that the petitioner's participation in the offence was doubtful, the Supreme Court converted the petition into an appeal and accepted it. Consequently, the Court held that the petitioner was entitled to bail, subject to the furnishing of a bail bond in the sum of Rs. 25,000 with two sureties to the satisfaction of the Assistant Commissioner, Sialkot. The judgment reinforces the principle that where investigative reports consistently point towards the innocence of an accused, such material constitutes valid grounds for the grant of bail.

Questions settled in this judgment
  • Does a consistent finding of innocence by multiple investigating officers constitute sufficient grounds for the grant of bail?
  • Can the Supreme Court convert a petition for leave to appeal into an appeal to grant bail?
post-arrest bailcriminal investigationinnocence of accusedpolice investigation reportdoubtful participation

ORDER

1. ' NASIM HASSAN SHAH, J.- There is, prima fade, force in the contention that the petitioner's participation in the offence is doubtful. Two different Deputy Superintendents of Police, who investigated the case, have opined that the petitioner was innoncent. The police official, who brought the record of the case in this Court, has also confirmed this fact by reference to the record.

2. This petition is converted into an appeal and is accepted. The petitioner (Dr. Muhammad Aslam son of Hakam Khan) is allowed bail in the sum of Rs,25,000 with two sureties in the like amount to the satisfaction of the A.C., Sialkot.

Cited by 16 cases

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