SHAHID MAQBOOL vs THE STATE

This matter arises from a petition for leave to appeal filed by Shahid Maqbool against the refusal of bail by the lower courts in a criminal case involving offences under sections 10 and 11 of Ordinance VII of 1979. The core legal question concerned whether the High Court erred in declining post-arrest bail to the petitioner where the victim of tender age made allegations of Zina-bil-Jabr in her statement under section 164 of the Code of Criminal Procedure 1898, and where the defense failed to produce the alleged Nikahnama or examine witnesses during the police investigation. The Supreme Court of Pakistan held that no valid ground was made out to interfere with the discretionary order of the High Court. The key principle laid down is that where a prima facie case involving serious allegations is supported by statutory statements and the defense fails to substantiate claims of a valid marriage at the initial stage, the discretionary refusal of bail by lower courts will not be disturbed by the Supreme Court.