IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Umar Ata Bandial 
Mr. Justice Syed Mansoor Ali Shah 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition No.1146 of 2021  
(Against the order dated 24.09.2021 passed by the Peshawar 
High Court Peshawar in Crl.M.BA No.2378-P/2021) 
 
 
Yasar Khattak 
 
 
…..Petitioner(s) 
 
 
 
 
 
Versus 
 
The State & another  
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Aftab Alam Yasir, ASC 
 
     
 
 
For the State:              
Mr. Shumail Aziz, Addl. A.G. KP 
 
For Respondent No.2:              Mr. Iltaf Samad, ASC 
 
 
Date of Hearing          
24.01.2022. 
 
ORDER 
 
 
Qazi Muhammad Amin Ahmed, J.- In the backdrop of an 
ongoing feud over property, Qaimullah complainant and his 
brother Hanifullah were assaulted at 9:00 hours on 28.5.2020 
within the precincts of Police Station Lound Khurd District 
Mardan, jointly by Yasir, Anwar Shaheen, Fakhar Alam and 
Zahir Shah, real brothers inter se. Complainant survived the 
assault whereas his brother succumbed to the injury. As the 
investigation progressed, Zahir Shah co-accused was exonerated 
whereas nothing was recovered from the co-accused except the 
present petitioner, who pursuant to a disclosure, led to the 
recovery of a pistol, forensically wedded with two casings 
secured from the spot. A three member Bench of this Court vide 
order dated 15.04.2021 admitted co-accused to post arrest bail 
on the basis whereof, principle of requirement of consistency is 
being invoked for an identical treatment.  
2. 
 
Heard. Record perused. 
3. 
 
 It would be advantageous to reproduce the relevant 
Criminal Petition No.1146 of 2021 
portion of the order ibid:- 
“……It has further been observed by us that the 
instant case was registered against four persons 
including the petitioners, out of whom co-accused Zahir 
Shah with similar allegation has been found innocent 
during the course of investigation and his name was 
placed in column No.2 of the report under Section 173, 
Code of Criminal Procedure. So far as the petitioners 
are concerned, learned counsel appearing on behalf of 
State has confirmed that during the course of 
investigation nothing was recovered at their instance or 
from their possession. He further confirms under 
instructions that co-accused Yasir got recovered a 
pistol and two out of eight empties secured from the 
spot matched with that pistol. All these circumstances 
make the case of petitioners one of further inquiry 
falling within ambit of Section 497(2), Code of Criminal 
Procedure.” 
The 
above 
findings 
clearly 
suggest 
that 
accusation, 
notwithstanding, 
investigative 
conclusions 
drawn 
by 
the 
Investigating Officer, weighed with the Court to favourably 
receive the bail plea of the co-accused for their distinctly placed 
in a distinguishable position, that independently called for 
further probe vis-à-vis the role assigned to them, an analysis 
that hardly furnishes a ground to invoke principle of consistency 
qua the petitioner, distinctly saddled, a fact duly noted in the 
order ibid itself. Petition fails. Leave declined.  
 
  
 
Judge 
 
 
Judge 
 
 
Judge 
Islamabad, the 
24th January, 2022 
Azmat/-