ALLAH DIWAYA vs THE STATE

The applicant sought post-arrest bail after being apprehended by police on patrol and found in possession of a .30 bore pistol and four live bullets, leading to the registration of a case under the Arms Ordinance. The core legal question was whether the applicant was entitled to bail where the investigation was complete, challan submitted, prosecution witnesses were all police officials, and the alleged offense did not fall within the prohibitory clause of the relevant procedural law. The court held that the application should be allowed as there was no apprehension of tampering with the evidence and the offense fell outside the prohibitory clause. The key principle laid down is that post-arrest bail is granted as a matter of course when the investigation is complete, evidence cannot be tampered with due to official witnesses, and the offense does not attract the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898.