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/- 
