sharif2uys/supreme-court-of-pak-judgments huggingface dataset:
IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Umar Ata Bandial 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
Criminal Petition No.258 of 2020 
(Against judgment dated 06.02.2020 passed by the 
Lahore High Court Lahore in Crl. Misc. No.4879-
B/2020)  
 
Muhammad Jahangir Afzal 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The State through P.G. Punjab & another  
 
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Shamim-ur-Rehman Malik, ASC 
 
Syed Rifaqat Hussain Shah, AOR 
 
 
 
 
For the State: 
Mr. Ahmed Raza Gillani 
 
Addl. Prosecutor General Punjab 
 
with Abdul Ghani, SI 
 
For the Complainant: 
In person 
 
Date of hearing: 
28.04.2020. 
 
ORDER 
 
 
 
Qazi Muhammad Amin Ahmed, J.- Adnan Ahmed, 26, 
was shot dead at 8:30 p.m. on 22.8.2019 within the remit of Police 
Station Ferozwala, District Sheikhupura; Muhammad Tariq PW 
survived the assault; incident was reported by deceased’s mother Talat 
Gulzar through written application wherein Rohail son of Gulzar 
accompanied by an unknown assailant was blamed for the assault 
without reference to motive for the crime; she inducted the petitioner 
as accused through supplementary statement purportedly recorded on 
23.08.2019, in line with even dated statements of her brother Shafqat 
and daughter Sobia, acclaimed witnesses of the incident. Muhammad 
Tariq, injured PW, through statement dated 26.8.2019 took the 
petitioner on board as well, though in a manner, diametrically 
different. According to Muhammad Tariq PW, he alongside the 
deceased was surprised by the petitioner and Rohail co-accused, riding 
a motorbike, while they were present in the lane during load shedding; 
complainant as well as the witnesses named in the crime report are 
conspicuous by their absence; they are substituted by Tariq’s sister 
Criminal Petition No.258 of 2020 
2
Shamim Akhtar; retracting therefrom, he ditched the prosecution on 
08.11.2019 by substituting the petitioner with an unknown assailant 
who accompanied the nominated co-accused.  
2. 
 
Heard. Record perused. 
3. 
 
Seemingly there is no consensus between the complainant 
and the injured on the identity of the petitioner; even subsequently 
assigned role to the petitioner is not shared by the Investigating Officer 
who merely depicted his presence at the crime scene in a manner 
incompatible 
with 
witnesses’ 
narrative. 
Evidential 
value 
of 
supplementary statements with the possibility of a space to reconcile 
differences between the witnesses is an exercise that can be best 
undertaken after recording of evidence and as such petitioner’s 
culpability for the present is squarely covered by subsection 2 of 
section 497 of the Code of Criminal Procedure 1898; a case for grant of 
bail stands made out. Criminal Petition is converted into appeal and 
allowed; petitioner shall be released on bail subject to his furnishing 
bond in the sum of Rs.500,000/- with one surety in the like amount to 
the satisfaction of the learned trial Court/duty Judge. 
 
 
 
 
Judge 
 
 
 
 
 
Judge 
Islamabad, the 
28th April, 2020 
Not approved for reporting 
Azmat/-
IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
Present:  
MR. JUSTICE MAZHAR ALAM KHAN MIANKHEL  
MR. JUSTICE QAZI MUHAMMAD AMIN AHMED 
 
Criminal Petition No.27-P of 2014 
(Against the judgment dated 05.03.2014 passed by the 
Peshawar High Court Peshawar in Cr. A. No.100/2011) 
 
Gul Zarin and other  
 
…Petitioner  
Versus 
 
Fazal Khaliq and another  
..Respondent  
     
 
For the Petitioner(s): 
Haji Muhammad Zahir Shah, ASC 
 
For the Respondent(s): N.R. 
 
For the State: 
 
Mr. Muhammad Nisar,  
 
 
 
 
Addl. Advocate General KPK 
 
Date of hearing: 
 
06.7.2021 
 
ORDER  
 
 
Qazi Muhammad Amin Ahmed, J-. Respondent was 
tried for murderous assault as well as on two counts of homicide by a 
learned Additional Sessions Judge at Wari, District Dir Upper; 
convicted on all counts, he was sentenced to imprisonment for life 
and ten years rigorous imprisonment respectively vide judgment 
dated 10.10.2011, overturned by a Division Bench of Peshawar High 
Court, Mingora Bench vide impugned judgment dated 03.05.2014, 
vires whereof, are being assailed on the grounds that in the face of 
overwhelming evidence comprising of witnesses that included an 
injured to support a dying declaration, there was no occasion for the 
High Court to acquit the respondent, blamed alongside the 
absconding co-accused for the crime in the backdrop of a motive over 
immovable property, resulting into the loss of two lives; he has 
referred to respondent’s return after absconsion, spreading over a 
quarter of a century with his accomplices still away from law, to 
finally earn acquittal. The learned counsel has further argued that 
non-performance of autopsy on the dead, being a practice in line with 
Cr.P.27-P/2014 
2
local custom did not adversely reflect upon the prosecution case 
inasmuch as the homicidal deaths of both the deceased remained a 
common ground throughout; according to him, the impugned view 
being based upon reasons, artificial and illusory, is untenable at law 
and, thus, tends to result into miscarriage of justice, clamouring 
interference by this Court.  
 
Though much water has flown under the bridge, nonetheless, 
the peculiar facts and circumstances of the case, despite flux of time, 
call for reappraisal of prosecution’s evidence to secure the ends of 
justice. Leave is granted, inter alia, to consider the above contentions. 
Send for the respondent through bailable warrant in the sum of 
Rs.200,000/- with one surety in the like amount, returnable to the 
Assistant Registrar of this Court at Peshawar, to be executed through 
the Station House Officer, within a fortnight. 
 
 
 
Judge  
 
 
 
Judge  
Peshawar,  
6th July, 2021 
Azmat/- 
‘Not approved for reporting’
IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
Present:  
MR. JUSTICE MAZHAR ALAM KHAN MIANKHEL  
MR. JUSTICE QAZI MUHAMMAD AMIN AHMED 
 
Criminal Petition No.30-P of 2014 
(Against the judgment dated 20.02.2014 passed by the 
Peshawar High Court Peshawar  in Cr. A. No.78-P/2013) 
 
State through A.G. KP, Peshawar 
 
…Petitioner  
Versus 
 
Amanat Khan, etc.  
..Respondent  
     
 
For the Petitioner(s): 
Mr. Muhammad Nisar, Addl. A.G. KP 
 
For the Respondent(s): N.R. 
 
Date of hearing: 
 
06.7.2021 
 
ORDER  
 
 
Qazi Muhammad Amin Ahmed, J-. In broad daylight, Javed 
Ali Shah, 40, was shot dead within the precincts of Police Station Lahore 
District Swabi; First Information Report was lodged by his uncle Syed 
Sardar Shah (PW-3) wherein he blamed the respondent, a previous convict, 
as the sole culprit, in the backdrop of a previous altercation. Autopsy 
conducted at 1:05 p.m. confirmed four entry wounds with corresponding 
exits. Respondent stayed away from the law and was finally spotted in a 
prison at Takhat Bhai wherefrom he was transposed as an accused in the 
present case; pursuant to a disclosure, he led to the recovery of a .30 
caliber pistol, however, incompatible with the casings secured from the 
spot. A learned Additional Sessions Judge vide judgment dated 31.01.2013 
convicted him under clause (b) of Section 302 of the Pakistan Penal Code, 
1860 with the sentence of death alongside a direction to pay compensation, 
overturned by a Division Bench of Peshawar High Court Peshawar vide 
impugned judgment dated 20.02.2014, vires whereof, are being assailed on 
the grounds that in the face of overwhelming evidence furnished by natural 
witnesses having no axe to grind, there was no occasion for the High Court 
to acquit the respondent from the charge, squarely structured on ‘proof 
beyond doubt’. It is next argued that the impugned view of the High Court, 
seemingly based upon various circumstances, considered by it as suspect, 
mostly relate to peripheral or investigative flaws, with no bearing upon the 
Cr.P.30-P/2014 
2
preponderance of ocular account furnished by the witnesses who had 
satisfactorily explained their presence at the spot; they do not seem to have 
an axe to grind by substituting an innocent with the guilty. It is lastly 
argued that in the wake of respondent’s absconsion, a negative forensic 
report did not adversely effect the prosecution’s case nor non-mentioning of 
specific caliber of the weapon could destroy the intrinsic value of the 
testimony that successfully withstood the test of cross-examination, 
particularly having regard to the formidable past, hounding the respondent. 
Leave is granted to reappraise the entire evidence with a view to secure the 
ends of justice. Send for the respondent through bailable warrant of arrest 
in the sum of Rs.200,000/- with one surety in the like amount, returnable 
to the Assistant Registrar of this Court at Peshawar, to be executed through 
Station House Officer, within a fortnight.  
 
 
 
Judge  
 
 
 
Judge  
Peshawar,  
6th July, 2021 
Azmat/- 
‘Not approved for reporting’  
Cr.P.30-P/2014 
3
IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Umar Ata Bandial 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition No.391 of 2020 
(Against judgment dated 6.4.2020 passed by the 
Peshawar High Court Bannu Bench, Bannu in  
B.A. No.138-B/2020) 
 
 
Shabran Khan 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The State & another 
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Aftab Alam Yasir, ASC 
 
 
 
 
For the State: 
Mr. Anis M. Shahzad, ASC 
 
along with M. Asghar, I.O.  
 
Date of hearing: 
06.05.2020. 
 
ORDER 
 
 
 
Qazi Muhammad Amin Ahmed, J.- Behind Bars since 
30.12.2019, Shabran Khan, petitioner, seeks admission to bail; he is 
blamed to have conspired murder of Muhammad Iqbal, 48/49, on 
27.10.2019 within the remit of Police Station University, Dera Ismail 
Khan. Deceased’s nephew attended the casualty in the hospital and 
conveyed information to his uncle Malik Muhammad Ismail who lodged 
formal First Information Report wherein Latifullah son of Allah Wasaya 
along with Saif-ur-Rehman Inspector and his brother Asghar were 
arrayed as suspects in the backdrop of a motive that related to 
attempts to take forcible possession of immovable property, a move 
fiercely resisted by the deceased. Abdul Latif and Asghar were arrested, 
however, subsequently released on bail as they were substituted by Dil 
Jan accused who allegedly admitted to have committed the murder 
along with one Inayat Ullah on petitioner’s direction with a .30 caliber 
pistol provided by him for the purpose.  
2. 
 
Heard. Record perused. 
3. 
 
Complainant restructured his case through statement 
dated 17.12.2019; Latifullah, Saif-ur-Rehman and Asghar, initial 
suspects, stood replaced with Inayatullah and Dil Jan being the alleged 
assassins. Aman Ullah is inducted as a facilitator on behalf of the 
Criminal Petition No.391 of 2020 
2
petitioner, introduced as architect behind the crime with a motive.  
To frame the de novo set up, the Investigating Officer produced three 
witnesses before a Magistrate who recorded their statements pointed 
upon the accused. A .30 caliber pistol, licensed to Dil Jan accused, is 
part of prosecution inventories. It would be less than expedient to 
comment upon the merits of the prosecution case as its fate is to be 
essentially settled by the trial Court after recording of evidence, 
nonetheless, in the given backdrop, petitioner’s culpability as the man 
behind the scene certainly warrants further probe and as such his case 
squarely falls within the remit of subsection 2 of section 497 of the 
Code of Criminal Procedure 1898. Criminal Petition is converted into 
appeal and allowed. Petitioner is admitted to bail and shall be released 
upon furnishing bond in the sum of Rs.500,000/- with one surety in 
the like amount to the satisfaction of the learned trial Court/Duty 
Judge. 
 
 
 
 
Judge 
 
 
 
 
 
Judge 
Islamabad, the 
6th May, 2020 
Not approved for reporting 
Azmat/-
IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
 
 
 
 
  
PRESENT: 
Mr. Justice Syed Mansoor Ali Shah 
Mr. Justice Qazi Muhammad Amin Ahmed 
Mr. Justice Amin-ud-Din Khan 
 
 
 
 
 
 
Criminal Petition No.438 of 2021 
(Against the judgment dated 17.05.2021passed by 
the Peshawar High Court Peshawar in Cr. Misc. 
B.1037-P/2020) 
 
 
 
Ghazan Khan 
 
 …Petitioner(s) 
  
 
 
 
Versus 
 
 
Mst. Ameer Shuma and another  
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Asad Ullah Khan Chamkani, ASC 
For the State: 
 
Mr. Zahid Yousuf Qureshi, Addl. A.G. KP 
  
 
 
 
with Mazhar Ali, ASI P.S. Katang,  
  
 
 
 
Mardan 
Date of hearing: 
 
17.05.2021. 
  
 
 
 
ORDER 
 
  
 
Qazi Muhammad Amin Ahmed, J.- Non suited 
throughout in his quest to secure bail, lastly by a learned Judge-in-
Chamber of Peshawar High Court Peshawar vide impugned order 
dated 12th of April, 2021, Ghazan Khan, petitioner, arrayed as one 
of the accused in a case of murderous assault, registered with 
Police Station Katlang District Mardan, seeks leave to appeal 
therefrom.  
  
It is alleged that on the eventful day i.e. 10.2.2021, he along 
with co-accused, targeted Sannan Ahmad PW who endured the 
assault with five entry wounds, confirmed by a medico legal 
certificate of even date; a monetary dispute is cited as motive for the 
crime. Unscathed themselves, nonetheless, the accused agitated a 
 Criminal Petition No.438 of 2021 
2
cross version on the strength of a fire shot sustained by a bubalus, 
owned by one Shah Muhammad, examined at a veterinary center 
on the following day to blame the injured as being aggressor in the 
episode.   
2. 
Heard. Record perused. 
3. 
Reliance upon a statement, purportedly made by the injured 
and recorded by the Investigating Officer in case diary dated 
11.02.2020, surprisingly annexed with the petition, wherein he 
exclusively blamed Hashmand co-accused for the injuries on his 
person is entirely beside the mark, besides being violative of 
subsection 2 of section 172 of the Code of Criminal Procedure, 1898 
and, thus, this petition, with disapproval, is liable to be dismissed 
on this ground alone.  Even otherwise, having regard to the totality 
of circumstances whereunder the petitioner is alleged to have 
actively participated in the occurrence, that squarely constituted 
mischief of section 324 of the Pakistan Penal Code, 1860, 
punishable with imprisonment for a period of ten years, attracting 
the bar that cannot be circumvented in the face of ‘reasonable 
grounds’ as contemplated by section 497 of the Code,  view taken 
by the courts below being well within the remit of law calls for no 
interference. Petition fails. Leave declined.   
 
 
Judge 
 
 
 
 
Judge 
 
 
 
Judge 
Islamabad, the 
17thMay, 2021 
Not approved for reporting 
Azmat/-
IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Umar Ata Bandial 
Mr. Justice Faisal Arab 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
 
Criminal Petition No.445 of 2020 
(Against the order dated 4.3.2020 passed 
by the Peshawar High Court D.I. Khan 
Bench in Cr. Misc. B.A. No.61-D of 2020) 
 
 
Ghulam Abbas 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
 
The State & another   
 
…Respondent(s) 
 
 
For the Petitioner(s): 
Mr. Saleemullah Ranazai, ASC  
 
 
 
 
For the State: 
Ms. Aysha Tasneem, ASC 
 
Date of hearing: 
04.06.2020. 
 
ORDER 
 
 
 
Qazi Muhammad Amin Ahmed, J.- Abdul Latif, deceased, 
along with Muhammad Hanif and  Hafiz Muhammad Rafique, PWs, 
was on way to attend Court proceedings on 22.12.2004 when at 8:15 
p.m. within the remit of Police Station City Dera Ismail Khan, Ghulam 
Abbas petitioner, on a motorbike, driven by co-accused, subsequently 
identified as Iftikhar Ahmed, intercepted the entourage; repeated fire 
shots fatally hit the deceased while Muhammad Hanif PW survived the 
gunshot. Previous blood feud is cited as motive for the crime. Petitioner 
stayed away from the law and was finally arrested on 14.1.2020;  
co-accused was acquitted during his absence.  
2. 
 
Heard. Record perused. 
3. 
 
Acquittal of co-accused, initially arrayed as unknown, has 
not been received as a valid ground for petitioner’s release on bail, both 
by the Court of Session as well as the High Court, a view found by us 
as unexceptionable. Similarly, petitioner’s advanced age with health, 
statedly frail, albeit with no specific disorder cannot extenuate 
abscondance of almost 16 years having regard to the fatal role assigned 
Criminal Petition No.445 of 2020 
2
to him. Statements of the witnesses including an injured supported by 
medical 
evidence 
constitute 
“reasonable 
grounds” 
within 
the 
contemplation of section 497 of the Code of Criminal Procedure 1898, 
aggravated 
by 
petitioner’s 
absence 
going 
on 
for 
an 
age, 
unsurmountably stand in impediment to his release on bail, a 
concession discretionary in nature. View taken by the High Court, 
being within the bounds of law, does not call for interference. Petition 
fails. Leave declined.  
 
 
 
Judge 
 
 
 
 
Judge 
 
 
Judge 
Islamabad, the 
4th June, 2020 
Not approved for reporting 
Azmat/-
IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT:  
Mr. Justice Manzoor Ahmad Malik 
Mr. Justice Syed Mansoor Ali Shah 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
Criminal Petition No.446-L of 2016 
(Against the order dated 05.03.2002 passed 
by the Lahore High Court, Lahore in Crl. Misc. 
No.4722 of 2019). 
 
Rana Abdul Khaliq 
…Petitioner(s) 
VERSUS 
The State, etc. 
…Respondent(s) 
 
 
For the Petitioner(s) 
: Qari Nadeem Ahmed Awaisi, ASC 
 
 
 
Respondent No.2 
: In person 
 
 
 
For the State 
: Mr. Mazhar Sher Awan, 
Additional Prosecutor General, 
Punjab with Tariq Mehmood, S.I. 
 
 
 
Date of Hearing 
: 13.05.2019 
 
JUDGMENT 
 
 
Qazi Muhammad Amin Ahmed, J.- Impugned herein 
is order dated 5.3.2019, whereby a learned Judge-in-Chamber of 
Lahore High Court admitted Muhammad Akram, respondent to 
bail in anticipation to his arrest; upon failure of a bank cheque 
issued by him towards re-payment of loan, he was required in a 
criminal case registered under Section 489-F of Pakistan Penal 
Code, 1860, The learned High Court confirmed ad interim bail on 
the ground that respondent did not ‘misuse’ ad interim bail and 
that he was going to be released on post arrest bail if at all, 
remitted into custody. The learned Judge in order to substantiate 
his point of view, referred to the case of Khalil Ahmed Soomro and 
others versus The State (PLD 2017 SC 730).  
2. 
 
Grant of pre-arrest bail is an extra ordinary remedy in 
criminal jurisdiction; it is diversion of usual course of law, arrest in 
cognizable cases; a protection to the innocent being hounded on 
trump up charges through abuse of process of law, therefore a 
petitioner seeking judicial protection is required to reasonably 
Criminal Petition No.446-L of 2019. 
 
 
 
 
 
2 
 
demonstrate that intended arrest is calculated to humiliate him 
with taints of mala fide; it is not a substitute for post arrest bail in  
every run of the mill criminal case as it seriously hampers the 
course of investigation. Ever since the advent of Hidayat Ullah 
Khan’s case (PLD 1949 Lahore 21), the principles of judicial 
protection are being faithfully adhered to till date, therefore, grant 
of pre-arrest bail essentially requires considerations of mala fide, 
ulterior motive or abuse of process of law, situations wherein Court 
must not hesitate to rescue innocent citizens; these considerations 
are conspicuously missing in the present case. The case referred to 
by the learned Judge-in-Chamber unambiguously re-affirms above 
judicial doctrine and thus reliance being most inapt is unfortunate 
to say the least.  
3. 
 
The respondent is in attendance; despite notice and 
knowledge, he has not arranged representation, seemingly as a 
strategy to win time and this does not absolve this Court to decide 
this case posted for hearing, at public expense. Impugned order 
being in contravention of settled judicial principles cannot sustain. 
This petition is converted into appeal and allowed, the impugned 
order is set aside and the bail granted to the respondent is 
cancelled.   
 
 
 
 
 
 
JUDGE 
 
 
 
JUDGE 
 
 
 
 
Lahore, the 
13th of May, 2019 
Ghulam Raza/* 
JUDGE
IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
Present:  
MR. JUSTICE MAZHAR ALAM KHAN MIANKHEL  
MR. JUSTICE QAZI MUHAMMAD AMIN AHMED 
 
Criminal Petition No.46-P of 2015 
 
 
Iftikhar Ali 
 
…Petitioner  
Versus 
 
Gul Rehman and another  
..Respondent  
     
 
For the Petitioner(s): 
Mr. Altaf Khan, ASC 
  
 
For the Respondent(s): Mr. Muhammad Nisar,  
 
 
 
 
Addl. A.G. K.P. 
 
Date of hearing: 
 
12.7.2021 
 
ORDER  
 
 
Qazi Muhammad Amin Ahmed, J-. Fazal Ilahi, 48, in the 
backdrop of a dispute over immovable property was shot dead at 8:00 p.m. 
on 1.1.2012 within the precincts of Police Station Zaida District Swabi; the 
incident was reported by his brother Iftikhar who singularly blamed Gul 
Rehman respondent for the crime; convicted by a learned Additional 
Sessions Judge at Swabi under clause (b) of Section 302 of the Pakistan 
Penal Code, 1860, he was sentenced to imprisonment for life vide judgment 
dated 16.7.2012, however, acquitted from the charge by a Division Bench of 
Peshawar High Court vide impugned judgment dated 18.02.2015, vires 
whereof, are being assailed on the ground that in the face of overwhelming 
evidence primarily comprising ocular account by natural witnesses, there 
was no occasion for the High Court on prosecution’s alleged failure on 
peripheral issues, an error that, according to the learned counsel for the 
petitioner, results into miscarriage of justice.  
2. 
 
We have gone through the impugned reasoning recorded by 
the High Court to overturn the conviction and found it to have been swayed 
primarily by a plea of alibi supported by the prayer leader of the village 
mosque who, however, opted to stay away from the witness-box alongside 
the respondent himself. Similarly, certain discrepancies in the site plan 
were viewed to prosecution’s detriment without having been confronted to 
the witnesses during the trial. Unscathed survival of the witnesses was also 
 
2
received with suspicion by the High Court. Generality of the above 
observations, notwithstanding, nonetheless, the High Court does not 
appear to have taken any exception to the ocular account furnished by the 
witnesses of locality in a small rural neighborhood, unanimously pointing 
their finger upon the respondent. We consider it expedient to grant leave to 
reappraise entire evidence with a view to secure the ends of justice. Send 
for Gul Rehman respondent through bailable warrant in the sum of 
Rs.200,000/- with one surety in the like amount, returnable to the 
Assistant Registrar of this Court at Peshawar, executable through Station 
House Officer concerned within a fortnight.  
 
 
 
Judge  
 
 
 
Judge  
Peshawar,  
12th July, 2021 
Azmat/- 
‘Not approved for reporting’