IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Mazhar Alam Khan Miankhel 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition No.594 of 2020 
(Against the judgment dated 15.5.2020 passed by 
the Peshawar High Court Peshawar in Crl. M./BA 
No.1227-P/2020) 
 
 
Jehanzab Khan 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The State through A.G. KPK & others 
 
…Respondent(s) 
 
 
For the Petitioner(s): 
Syed Iqbal Hassan Shah Gillani, ASC 
 
with Syed Rifaqat Hussain Shah, AOR 
 
For the State: 
Mr. Arshad Hussain Yousafzai, ASC  
 
with Momin, I.O. 
 
For the Complainant: 
Mr. Gohar Ali Khan, ASC  
 
along with complainant. 
 
Date of hearing: 
09.07.2020. 
 
 
 
 
 
 
ORDER 
 
 
        Qazi Muhammad Amin Ahmed, J.- Jahanzeb Khan, petitioner 
herein, seeks admission to post arrest bail; he had allegedly issued two 
bank cheques to Masood-ur-Rehman complainant in the sums of 
Rs.20,00,000/- 
and 
Rs.97,00,000/-, 
respectively, 
bounced 
upon 
presentation; after arrest, he was released on bail by a learned Magistrate 
vide order dated 27.12.2019 on the basis of an Iqrarnama, purporting 
clearance of substantial portion of the default; the complainant disputed 
genuineness of the instrument, in view whereof, a learned Additional 
Sessions Judge cancelled the bail vide order dated 27.2.2020; motion to 
secure bail failed in the High Court vide order dated 15.5.2020, vires 
whereof, are being assailed herein.  
2. 
 
Heard. 
3. 
 
It would be inexpedient to attend factual divergence over the 
impugned arrangement that appears to have paved petitioner’s way for his 
release on bail at the magisterial forum through a negotiated settlement 
though retracted subsequently, a circumstance resulting into cancellation 
Criminal Petition No.594 of 2020 
  
 
2
thereof; it appears to have weighed with the High Court to decline the 
request as well.  
 
Judicial discretion in bail matters is by now clearly contoured. 
Having regards to the facts and circumstances of each case, the Court may 
decline the request even in cases falling outside the remit of prohibition, 
however, exercise of judicial authority cannot be abandoned to relegate in 
subservience to the arrangements inter se the parties for the disposal of 
bail petitions nor the corporal coercion can be allowed to extract swift 
settlements or concessions in lieu of a promised freedom. Grant of bail 
cannot be subjected to riders and conditions, if otherwise, a case stands 
made out. In criminal dispensation of justice, the Court being an 
independent adjudicator at all stages must religiously maintain its 
neutrality without having any responsibility to the either side; it is more 
important in cases involving recoveries and retrievals for the complainant, 
designed to be effected through plenary modes and procedures other than 
criminal prosecution. Deviation off the beaten path would throw normal 
statutory arrangements to the wind, therefore, petitioner’s release and his 
subsequent arrest on the basis of an abortive/disputed arrangement fail to 
commend our approval.  
4. 
 
Adverting to the petitioner’s case, though there is a reference to 
issuance of bank cheques and their failure on the bank counter, 
nonetheless, details of financial obligation in satisfaction whereof the 
instruments were purportedly issued is conspicuously missing in the 
crime report. Substantial amounts notwithstanding, nonetheless, offence 
complained is punishable with three years imprisonment or fine or with 
both and as such does not attract the statutory bar. Petitioner’s 
continuous detention is not likely to improve upon investigative process, 
already concluded, thus, he cannot be held behind the bars as a strategy 
for punishment. A case for petitioner’s release on bail stands made out. 
Criminal petition is converted into appeal and allowed; the petitioner shall 
be released on furnishing bonds in the sum of rupees one million with two 
sureties each in the like amount to the satisfaction of the learned trial 
Court/duty Magistrate.   
 
Judge 
 
 
 
Judge 
Islamabad, the 
9th July, 2020 
Not approved for reporting 
Azmat/-