IN THE SUPREME COURT OF PAKISTAN 
(APPELLATE JURISDICTION) 
 
PRESENT: 
MR. JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI 
MR. JUSTICE JAMAL KHAN MANDOKHAIL 
MR. JUSTICE ATHAR MINALLAH 
 
CRIMINAL PETITION NO. 1557 OF 2022 
(On appeal against the order dated 28.11.2022 passed 
by the High Court of Sindh, Circuit Court Hyderabad in 
Crl. Bail Application No. S-1126/2022) 
 
Gul Muhammad 
… Petitioner 
Versus 
The State 
… Respondent 
 
For the Petitioner: 
Mian Taj Muhammad Keerio, ASC 
(Through video link from Karachi) 
 
 
For the State: 
Mr. Hussain Bux Baloch, Addl. P.G. 
 
 
For the Complainant: 
In person 
 
 
Date of Hearing: 
09.02.2023 
 
ORDER 
 
SAYYED MAZAHAR ALI AKBAR NAQVI, J.- Through the instant petition under 
Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the 
petitioner has assailed the order dated 28.11.2022 passed by the learned 
Single Judge of the learned High Court of Sindh, Circuit Court Hyderabad, 
with a prayer to grant post-arrest bail in case registered vide FIR No. 26/2022 
dated 28.07.2022 under Sections 302 / 324 / 337-A(i) / 337-F(i) / 337-H(ii) / 
504 / 506 / 114 / 147 / 148 / 149 PPC at Police Station Nabi Sir Road, District 
Umerkot, in the interest of safe administration of criminal justice. 
2. 
 
Briefly stated the allegation against the petitioner is that he 
along with co-accused while armed with firearm launched an attack on the 
complainant party. With the intention to kill, the petitioner made straight fire 
from his pistol upon the complainant, which hit on his ear and shoulder. The 
other co-accused made fires on Ghulam Abbas and Gul Bahar, nephew and 
son of the complainant, due to which the said Ghulam Abbas died whereas 
the son of the complainant sustained injury on his leg.  
Criminal Petition No. 1557/2022 
2
3. 
 
At the very outset, it has been argued by learned counsel for 
the petitioner that the petitioner has been falsely roped in this case against 
the actual facts and circumstances. Contends that the crime report was 
lodged after an inordinate delay of two days for which no plausible 
explanation has been given. Contends that in-fact the complainant party was 
aggressor and had caused injury on left arm of the petitioner due to which 
his arm was amputated and a counter FIR has been registered against the 
complainant party. Contends that it is a case of two version squarely falling 
within the ambit of Section 497(2) Cr.P.C. Contends that the learned High 
Court while declining bail to the petitioner has not followed the guidelines 
issued by this Court for the safe administration of criminal justice, therefore, 
the same may be set at naught and the petitioner may by released on bail.   
4. 
 
On the other hand, learned Law Officer opposed the petition by 
contending that although the crime report was registered with an inordinate 
delay of two days but there was no mala fide on the part of the complainant. 
Contends that the petitioner has been specifically nominated in the crime 
report with a specific role of firing at the complainant, therefore, he does not 
deserve any leniency from this Court.  
5. 
 
We have heard learned counsel for the parties at some length 
and have perused the available record with their able assistance.  
 
 
As per the contents of the crime report, the allegation against 
the petitioner is that he while armed with pistol .30 bore launched an attack 
on the complainant party and made straight fire from his pistol on the 
complainant, which hit on his ear and shoulder. However, it is stance of the 
petitioner that in-fact the complainant party while armed with firearms came 
at his village, attacked on him and caused injury on his left arm, due to which 
his left arm has been amputated. The medical evidence available on record 
prima facie supports the stance of the petitioner. The petitioner has also got 
registered 
a 
counter 
FIR 
bearing 
No. 
27/2022 
under 
Sections 
324/506(ii)/114/337-F(i)/337-H(ii)/504/34 PPC at Police Station Nabir Sir 
Road, District Umerkot against the complainant party. In the instant case, the 
crime report was lodged after an inordinate delay of two days for which not 
Criminal Petition No. 1557/2022 
3
even a single word has been put forward by the complainant. The delayed 
registration of FIR prima facie shows deliberations and consultation on the 
part of the complainant. According to Medico Legal Report of the injured PW 
Usman, the injuries on his person have been declared as ghayr jaifah 
mutalahimah and shajjah-i-khafifah falling within the ambit of Sections 337-
F(iii) and 337-A(i) PPC for which the maximum punishment provided under 
the statute is three and two years respectively. However, we do not want to 
comment on this aspect of the matter, lest it may prejudice the case of either 
of the party before the Trial Court. It is the Trial Court who after recording of 
evidence would decide about the guilt or otherwise of the petitioner and as 
to whether Section 324 PPC is applicable or not. The petitioner is behind the 
bars for the last more than five months. This court has time and again held 
that liberty of a person is a precious right, which cannot be taken away unless 
there are exceptional grounds to do so. Merely on the basis of bald 
allegations, the liberty of a person cannot be curtailed. In these 
circumstances, the petitioner has made out a case for bail as his case 
squarely falls within the purview of Section 497(2) Cr.P.C. entitling for further 
inquiry into his guilt.  
6. 
 
For what has been discussed above, we convert this petition 
into appeal, allow it and set aside the impugned order. The petitioner is 
admitted to bail subject to his furnishing bail bonds in the sum of 
Rs.200,000/- with one surety in the like amount to the satisfaction of learned 
Trial Court.  
 
 
JUDGE 
 
 
 
JUDGE 
 
 
 
JUDGE 
Islamabad, the 
9th of February, 2023 
Approved For Reporting 
Khurram 
