WAZIR MUHAMMAD vs The STATE

This criminal appeal arises from the case of Wazir Muhammad v. The State, wherein the Supreme Court of Pakistan considered the propriety of withholding post-arrest bail from the appellant. The core legal question revolved around whether an accused charged solely with making a lalkara (instigatory call), without any attributed overt act, is entitled to bail. The Court held that the appellant deserved to be released on bail given the absence of any overt act ascribed to him. The ratio decidendi established is that where an accused is only charged with a lalkara and no specific overt act is attributed in the commission of the crime, a case for further inquiry is made out, warranting the grant of post-arrest bail. The appeal was accordingly accepted and the appellant directed to be released on furnishing suitable sureties.