IN THE SUPREME COURT OF PAKISTAN 
(AppellateJurisdiction) 
  
PRESENT: 
Mr. Justice Maqbool Baqar 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
 
Crl. P. No.493 of 2021 
(Against the judgment dated 16.04.2021 passed by 
the Peshawar High Court Bannu Bench in B.C.A. 
No.8-b OF 2021) 
 
Noor Aslam 
 …Petitioner(s) 
  
 
 
 
Versus 
 
 
The State through P.G. and another  
 
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Muhammad Waheed Anjum, ASC 
  
 
 
 
Mehmood Ahmed Sheikh, AOR 
For the Respondent(s): 
Mian Shafaqat Jan, Addl. A.G. KP 
Date of hearing: 
 
02.06.2021. 
  
 
 
 
ORDER 
 
 
 
 
Qazi Muhammad Amin Ahmed, J.-  The petitioner, 
accused in a case of murderous assault, was granted bail by a learned 
Additional Sessions Judge at Lakki Marwat vide order dated 29.1.2021; 
the concession was recalled by a learned Judge-in-Chamber of Peshawar 
High Court at Bannu Bench vide impugned order dated 16.04.2021, leave 
to appeal wherefrom is being prayed for, primarily on the ground that in 
the absence of strong reasons there was no occasion for the High Court to 
interfere with exercise of discretion to disturb an order, interlocutory in 
nature, particularly when the concession was not alleged to have been 
abused.  
 
 
According to the prosecution, on the eventful day i.e. 3.9.2019, 
the petitioner targeted Wali Ullah PW with his Kalashnikov in consequence 
whereof the latter sustained two bullet wounds on right epigastrium and 
left hand; a stray bullet hit a nearby transformer as well, in the backdrop 
of a dispute raging between the injured and the assailant; medico legal 
examination of even date, under a police docket, confirmed receipt of two 
entry wounds with a corresponding exit. After the incident, the petitioner 
stayed away from law for a considerable span of time.  
 Crl. P. No.493 of 2021 
2
2. 
 
Heard. 
3. 
 
Argument 
that 
exceptionally 
strong 
grounds 
to 
justify 
cancellation of bail were not available with the High Court do not hold 
water in the peculiar facts and circumstances of the present case; 
complainant’s miraculous survival despite massive damage to the 
epigastrium region, confirmed by medical examination shortly after the 
assault, prima facie, attracted the mischief envisaged by section 324 of the 
Pakistan Penal Code, 1860 and, thus, constituted “reasonable grounds” 
within the contemplation of section of 497 of the Code of Criminal 
Procedure, 1898, standing in impediment to release of an offender in the 
absence of any consideration calling for further probe. The learned 
Additional Sessions Judge also ran into error by conveniently describing 
petitioner’s disappearance from law as inconsequential, errors that have 
rightly been rectified by the learned Judge-in-Chamber. No doubt, grant of 
bail is a discretionary relief, however, exercise of discretion must be 
structured on sound judicial considerations, objectively deducible from the 
record of the case, particularly in cases punishable with imprisonment of 
ten years or above and, thus, grant of bail in disregard thereof by itself 
constitute a strong ground, justifiably calling for interference. Impugned 
order being within the remit of law calls for no interference. Petition fails. 
Leave declined.    
 
 
 
 
Judge 
 
 
Judge 
Islamabad, the 
2nd June, 2021 
Not approved for reporting 
GhulamRaza/- 
