Travel record cannot be ignored, supplementary statement is a weak evidence: SC

ISLAMABAD, (APP - UrduPoint / Pakistan Point News - 1st Jun, 2026) The Supreme Court of Pakistan has held that, at the bail stage, courts cannot ignore authenticated official records that raise serious questions about the prosecution’s case, while the subsequent nomination and identification of an accused person also require careful scrutiny.

According to a detailed judgment approved for reporting, a two-member bench comprising Justice Jamal Khan Mandokhail and Justice Irfan Saadat Khan allowed the pre-arrest bail appeal of Jamshed Rashid and set aside the decision of the Lahore High Court’s Multan Bench.

The judgment noted that the appellant was not named in the original FIR and was implicated several days later through a supplementary statement.

Counsel for the appellant argued that the accused had travelled to Saudi Arabia after the occurrence and that official travel records confirmed his presence abroad. The prosecution, however, maintained that he had subsequently been identified locally.

The Supreme Court observed that the nomination of a person through a supplementary statement is, by itself, considered a weak piece of evidence, particularly when it is not supported by independent and reliable material.

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The Court held that the travel documents and other material available on record warranted further examination of the prosecution’s stance.

The judgment further stated that three co-accused nominated in the same case had already been granted bail. Therefore, under the principle of consistency and equal treatment, the appellant was also entitled to the same relief.

The Court observed that the purpose of pre-arrest bail is to protect citizens from mala fide actions, abuse of authority and unnecessary arrest. It held that, in light of the available record, the appellant was entitled to the benefit of further inquiry.

Consequently, the Supreme Court converted the petition into an appeal, allowed it, and restored the pre-arrest bail of Jamshed Rashid subject to furnishing surety bonds of Rs100,000 along with one surety in the like amount.

The Court clarified that the observations made in the judgment were tentative in nature and would not influence the final determination of the case during trial.