Supreme Court rules suspects should get bail when reasonable doubt exists

Pakistan’s Supreme Court has ruled that an accused person should not be denied bail when reasonable doubt exists about their involvement in an alleged crime or the credibility of the prosecution’s case.

Pakistan’s Supreme Court has ruled that an accused person should not be denied bail when reasonable doubt exists about their involvement in an alleged crime or the credibility of the prosecution’s case.

In a judgment published on Wednesday, Justice Muhammad Ali Mazhar highlighted concerns over the prosecution’s changing position in a case involving the transportation of expired medicines. He observed that the purpose of a criminal trial is to determine an accused person’s responsibility through legal proceedings rather than keeping an under-trial suspect behind bars as a form of punishment.

Justice Mazhar headed a three-member bench that heard a criminal appeal filed by Muhammad Akbar on July 22. The Supreme Court had initially granted him bail on April 16 in a case registered at New Sariab Police Station in Quetta.

The case was originally registered under provisions of the Pakistan Penal Code and the Drugs Act 1976 concerning the alleged transportation of expired medicines.

However, after the initial bail order the prosecution modified the First Information Report (FIR), replacing the original provisions with sections relating to corruption, forgery, cheating and abetment.

During the hearing, the court questioned state counsel Baqir Shah and investigating officer Muhammad Ajmal about the changes. The officials said the amendments had been made on January 15 but could not provide a satisfactory explanation for why the revised FIR had not been presented when the Supreme Court first granted bail.

The investigating officer cited four witness statements recorded under Section 161 of the Code of Criminal Procedure as part of the investigation.

Justice Mazhar observed that the prosecution’s shifting position raised questions about the accused’s alleged involvement. He also expressed concern that the changes might have been intended to complicate the case or prevent the accused from obtaining bail.

The judge emphasised that new offences could be added during an investigation when supported by evidence, rather than at the prosecution’s discretion.

The Supreme Court extended Muhammad Akbar’s existing bail on the same terms and conditions requiring bail bonds of Rs100,000 with two sureties of an equivalent amount.

The court clarified that its observations were tentative and would not prejudice either party in the ongoing trial.