ABDUL RAZZAQ vs THE STATE
This matter concerns a petition for post-arrest bail filed by an accused person seeking release in connection with F.I.R. No. 61 dated 27-3-2001, registered at Police Station Phulora, District Sialkot. The core legal question before the Court was whether the petitioner was entitled to the concession of bail given the specific circumstances of the investigation and the nature of the allegations. Upon reviewing the record, the Court noted that the Investigating Agency had declared the petitioner innocent. Furthermore, the Court observed that no specific overt act was attributed to the petitioner regarding the occurrence in question, and the fatal shot fired at the deceased was ascribed to a co-accused rather than the petitioner. Based on these findings, the Court held that the petitioner was entitled to bail. The principle laid down is that where an accused is found innocent by the investigating agency and no specific overt act is attributed to them in the commission of the crime, particularly when the fatal act is assigned to a co-accused, the accused is entitled to the grant of bail pending trial.
- Is an accused entitled to bail when the investigating agency has declared them innocent?
- Does the absence of an attributed overt act justify the grant of bail in a criminal case?
- Should bail be granted when the fatal act is attributed solely to a co-accused?
ORDER
The petitioner was found innocent by the Investigating Agency. Even otherwise no overt act is attributed to the petitioner during the occurrence in question. The fatal shot on the deceased is ascribed to a co-accused person of the present petitioner.
2. In this view of the matter, the petitioner directed to be released on bail in case F.I.R. No,61 dated 27-3-2001 of Police Station Phulora of District Sialkot subject to his furnishing security in the sum of Rs,25,000 (Rupees twenty-five thousands) with two sureties each in the like amount to the satisfaction of the learned trial Court.