Mst. NAVEED ARSHAD vs THE STATE
This matter concerns a petition for leave to appeal against the refusal of bail by the lower courts in a criminal case. The petitioner, an ailing and aged lady, sought relief on the grounds that the evidence gathered by the investigating agency failed to establish a prima facie connection between her and the alleged offences. The Supreme Court granted leave to appeal to examine the validity of these contentions, specifically focusing on whether the material on record sufficiently links the petitioner to the crime, given her age and health condition. Pending the final adjudication of the appeal, the Court ordered that the interim bail previously granted to the petitioner shall continue. The judgment serves as a procedural step in the bail process, affirming the court's role in scrutinizing the sufficiency of evidence at the pre-trial stage for vulnerable categories of accused persons.
- Does the material collected by the investigating agency prima facie link the accused to the commission of the offence?
- Should interim bail be continued pending the final adjudication of a leave to appeal petition?
ORDER
1. MUHAMMAD RAFIQ TARAR, J.---Leave to appeal is granted inter alia to consider the contention that the petitioner is an ailing and aged lady and the material collected by the Investigating Agency prima facie does not link her with the commission of offences with which she has been charged.
2. Interim bail to continue.
Cited by 1 case
- NADEEM RAZA vs JUDGE FAMILY COURT and 3 others 2013 YLR 965