MUHAMMAD ASLAM vs THE STATE
The petitioner sought leave to appeal against the dismissal of his post-arrest bail petition by the High Court, after the bail initially granted by a Magistrate was cancelled by the Additional Sessions Judge. The core legal question concerns whether the petitioner's declaration of innocence during police investigation by an A.S.P. and his advanced age of 65 years warrant the grant of bail. The Supreme Court of Pakistan granted leave to appeal to consider these contentions and ordered that the interim bail shall continue pending the appeal. The principle laid down is that declarations of innocence by investigating officers and age are material considerations for the grant of leave to appeal in bail matters.
- Does a declaration of innocence by an investigating officer constitute a ground for granting bail?
- Can advanced age of an accused be considered as a mitigating factor for granting bail in criminal matters?
- Whether the Supreme Court will grant leave to appeal against the dismissal of bail by the High Court based on police investigation findings?
ORDER
1. MUHAMMAD RAFIQ TARAR, J.---The petitioner was allowed bail by, the learned Magistrate which was cancelled by the learned Additional Sessions Judge. Later on his petition for bail was dismissed by the High Court. Learned counsel submits that the petitioner was declared innocent during investigation by an officer of the rank of A.S.P. Who had reported that he should A be discharged. It is further sainted that the petitioner is 65 years of age and the material collected by the investigation of the offences alleged against him. Leave to appeal is granted to consider the above contentions. Interim bail to continue.
Cited by 1 case
- Muhammad Din vs The State 1998 SCMR 1