ABDUL HAQ Alias MIRZA vs THE STATE

This matter concerns a petition for post-arrest bail in a criminal case where the petitioner was implicated in an F.I.R. The core legal question addressed is whether the petitioner is entitled to bail given the conflicting findings of different investigating officers regarding his presence at the scene of the crime and the absence of any incriminating recovery. The court observed that while initial investigations by the S.H.O. and S.D.P.O. suggested the petitioner was not present at the occurrence, a subsequent investigation by the D.S.P. (Saddar) placed him at the scene but without a substantial role. Furthermore, no recovery was effected from or at the instance of the petitioner, leading to his placement in Column No. 2 of the challan. The court held that, in light of these discrepancies and the lack of recovery, the petitioner's case warrants further inquiry. Consequently, the court granted bail, establishing the principle that conflicting investigative findings and the absence of recovery from an accused are sufficient grounds to justify the exercise of judicial discretion in favor of granting bail pending trial.