From Dawn · Nasir Iqbal · · 2m
SC rules suspect should not be deprived of bail in case of reasonable doubt
Supreme Court says suspect must keep bail if reasonable doubt exists over involvement in expired drugs case.
In brief
Supreme Court says suspect must keep bail if reasonable doubt exists over involvement in expired drugs case. Supreme Court of Pakistan mandates bail for suspects when reasonable doubt exists about their involvement in expired drugs cases. Originally reported by Dawn.
SC rules on bail for suspect
Supreme Court mandates bail for suspects when reasonable doubt exists about their involvement in expired drugs cases.
“We are of the firm view that the case of the petitioner requires further inquiry”
Bail order extended
SC extended bail granted on April 16 with same terms and conditions for suspect in Quetta police case.
Original case sections
Case initially covered sections 379, 420, 274, 275, 276 of Pakistan Penal Code and sections 23, 27 of Drugs Act 1976.
Prosecution modified FIR
Prosecution changed first information report to include sections 409, 471, 468, 467, 420, 109 of PPC and section 5(2) of 1947 Prevention of Corruption Act.
Prosecution's response
Prosecution claimed modifications were made on January 15 but failed to explain why not recorded before bail grant.
Investigation officer's statement
Investigating officer said four witness statements under Section 161 CrPC were recorded and legal opinion to delete sections.
Justice Mazhar's criticism
Justice Mazhar criticized prosecution for adding sections without realizing effect of deleting Drugs Act sections.
Potential bail denial
Justice Mazhar warned that new sections could be added after bail order to deny petitioner's bail.
Prosecution's lack of seriousness
Justice Mazhar stated prosecution has not acted seriously and should have informed SC before adding sections.
Petitioner's current status
Petitioner was previously granted bail but now remains behind bars due to prosecution actions.
Case requires further inquiry
SC ruled case requires further inquiry due to prosecution's changing stances and section modifications.
Reason for bail requirement
Bail should be maintained when reasonable doubt exists about suspect's involvement in crime or prosecution case.
Consequence of prosecution actions
Prosecution's actions may lead to petitioner being deprived of bail despite earlier grant.
Key legal principle
SC emphasizes that bail should not be revoked when reasonable doubt exists about involvement in crime.
Case outcome
Petitioner remains on bail pending further inquiry as SC deems case requires more investigation.
The bottom line
Supreme Court of Pakistan mandates bail for suspects when reasonable doubt exists about their involvement in expired drugs cases.
