Plea of alibi taken by the accused was found correct during the course of investigation by the investing agency, this fact is sufficient making the case one of further inquiry for granting post rest bail.

 The Superior Courts of this country had held on many occasions that to curtail the liberty of a person is a serious step in law, therefore, the Judges shall apply judicial mind with deep thought for reaching at a fair and proper conclusion albeit tentatively however, this exercise shall not be carried out in vacuum or in a flimsy and casual manner as that will defeat the ends of justice because if the accused charged, is ultimately acquitted at the trial then no reparation or compensation can be awarded to him for the long incarceration. Therefore, extraordinary care and caution shall be exercised by the Judges in the course of granting or refusing to grant bail to accused person, charged for offence(s), punishable with capital punishment. However, there is no cavil with the proposition that Courts are required to make tentative assessment with pure judicial approach of all the materials available on record, whether it goes in favour of the prosecution or in favour of the defence before making a decision. Even otherwise, it is cardinal principle of law that for the purpose of bail, law not to be stretched in favour of the prosecution, benefit of doubt, if any arising, must go to accused, even at bail stage.

Crl. Misc. 2293/22
Muhammad Aslam Vs The State etc.
Mr. Justice Muhammad Waheed Khan
16-09-2022
2022 LHC 6592