Dr. MUHAMMAD ASLAM vs THE STATE
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.
- 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?
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
- ZULQARNAIN Versus State 2016 YLRN 183
- SHAIKH MUHAMMAD Versus State 2013 YLR 248
- ABDUL WAHAB alias TALBAN vs THE STATE 2012 YLR 45
- IMDAD ALI Versus State 2008 YLR 879
- MUHAMMAD ASIF Versus State 2006 PCRLJ 883
- BASHIR AHMAD Versus State 2005 PCRLJ 967
- MUHAMMAD AKRAM Versus State 2005 YLR 683
- HAIDER ALI Versus State 2005 YLR 778
- SHAKIL HAIDER Versus THE STATE 2004 PCRLJ 1228
- ABDUL KAREEM alias KAREEM BUX and 4 others Versus THE STATE 2005 PCRLJ 17
- JAVAID IQBAL Versus THE STATE 2004 PCRLJ 87
- MUHAMMAD MUSHTAQ Versus THE STATE 2001 PCRLJ 24
- HAJI HUSSAIN Versus STATE 1997 MLD 3072
- SYED IKHLAQ HUSSAIN SHAH Versus THE STATE 1997 PCRLJ 610
- MUHAMMAD SHARIF Versus JUDGE FAMILY COURT 1998 PCRLJ 1873
- RASHEED AHMAD Versus THE STATE 2004 PCRLJ 1810