Law: Pakistan Penal Code (PPC),1860

Section: 302,34

Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

REMARKS

No hard and fast rule existed against considering plea of alibi at bail stage. While granting or refusing to grant bail to an accused person, the court was not required to see and consider the material/evidence collected in favour of the prosecution but also had to give proper attention to the defense plea taken by an accused person. Plea of alibi raised in a bail matter may not be out rightly rejected and can be gone into for the purpose of grant or refusal of bail. Circumstances of each and every case were to be looked into. Tests which were required for genuineness of plea of alibi should be that it had been taken at the earliest, that it appeared to be reasonable and there was no question of manipulation for the same. The basic philosophy of criminal jurisprudence is that the prosecution has to prove its case beyond reasonable doubt and this principle applies at all stages including pre-trial and even at the time of deciding whether accused is entitled to be released on bail or not which is not a static law but growing all the time, molding itself according to the exigencies of the time.

Summary of the Case:Alibi Bail

This is a post-arrest bail application filed by Zoram Khan under Section 497(2) Cr.P.C. in a murder case (FIR No. 81/2025) registered under Sections 302/34 PPC at Police Station Lari Adda, District Mansehra.

The accused claims an alibi, asserting he was in Swat Khawaza Khela at the time of the incident and provided documentary and electronic evidence including mobile location data, guest house records, CCTV footage, and check-post logs.