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High Court's Cancellation Overturned: Pre-Arrest Bail Restored by Supreme Court on Plea of Alibi

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High Court's Cancellation Overturned: Pre-Arrest Bail Restored by Supreme Court on Plea of Alibi

Islamabad 06-08-2024: In a significant ruling, the Supreme Court of Pakistan has upheld the pre-arrest bail granted to Petitioner, accused in a high-profile murder case, reversing an earlier decision by the Balochistan High Court that had cancelled his bail.

Petitioner was accused of murdering Respondent, as per the First Information Report (FIR) No. 83/23 filed at Police Station City Kharan on 25th August 2023. The complaint lodged by Respondent, son of the deceased, alleged that Petitioner and his brother Abdul Shakoor attacked Ghulam Nabi while he was returning home on a motorcycle. The attack resulted in Ghulam Nabi sustaining firearm injuries, leading to his death the following day.

After the incident, Petitioner approached the High Court of Balochistan for pre-arrest bail, citing an alibi supported by Call Data Records (CDR) and CCTV footage indicating his presence in Quetta at the time of the crime. The High Court initially converted his application to protective bail, directing him to approach a competent Court for further relief.

Subsequently, Petitioner filed for pre-arrest bail in the Sessions Court of Kharan, which granted him interim relief. The Sessions Court later confirmed his bail on 13th January 2024, accepting his alibi and considering testimonies from multiple witnesses affirming his presence in Quetta at the time of the incident.

The complainant challenged this decision in the Balochistan High Court, which cancelled Petitioner's bail on 24th May 2024. The High Court cited unverified CDRs and affidavits, the absconding co-accused, and the injured statement of the deceased implicating Petitioner as grounds for cancellation.

The Supreme Court, presided over by Mr. Justice Naeem Akhtar Afghan and Mr. Justice Shahid Bilal Hassan, reviewed the case and found substantial evidence supporting Petitioner's alibi. The Court criticized the investigation for not verifying the CDRs and CCTV footage and for failing to examine key witnesses.

The Supreme Court emphasized that no misuse of bail conditions by Petitioner had been recorded, and his apprehension of arrest due to the complainant's alleged malafide intentions was not unfounded. Consequently, the Supreme Court set aside the High Court's order and reinstated the Sessions Court's decision, granting Petitioner pre-arrest bail.

This ruling highlights the judiciary's scrutiny over investigative procedures and reinforces the protection of individuals from potentially malicious prosecutions. The case continues to unfold as the trial proceeds, with Petitioner maintaining his innocence and the legal process ensuring a thorough examination of all evidence.