IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
PRESENT: 
Mr. Justice Mushir Alam 
Mr. Justice Qazi Muhammad Amin Ahmed 
  
Criminal Petition No.658 of 2020 
(Against the judgment dated 16.04.2020 passed by the 
Peshawar High Court Peshawar in Cr.M. BA No.815-
P/2020) 
 
Tahir Zeb etc. 
…Petitioner(s) 
 
 
 
 
 
Versus 
The State & another  
….Respondent(s) 
 
For the Petitioner(s): 
 
Mr. Arshad Hussain Yousafzai, ASC 
 
 
 
 
 
Syed Rifaqat Hussain Shah, AOR 
 
 
 
 
 
 
For the State: 
Mr. Anis Muhammad Shahazad, ASC (State 
counsel KP) along with Anwar Khan, SI/I.O. 
 
  
For the Complainant: 
Mr. Abdul Ahad Khan, ASC 
Date of hearing: 
25.08.2020. 
 
 
 
 
ORDER 
 
  
Qazi Muhammad Amin Ahmed, J.- Learned counsel for the 
petitioner does not press this petition to the extent of Tahir Zaib, 
petitioner, to his extent, it stands dismissed.  
2. 
 
It is alleged that on the fateful day i.e. 21.12.2019 at about 
15:30 p.m, the petitioner joined his brother to run over Liaqat Khan 
deceased over a dispute regarding the sale of the same vehicle; Tahir Zaib 
was on the wheel while Shair Zaib petitioner accompanied him on the next 
seat.  
3. 
 
Heard. Record perused. 
4. 
 
It appears that a situation cropped up all of a sudden resulting 
into injuries to the deceased; petitioner’s culpability for being in the 
community of intention on account of his presence on the next seat is an 
issue that in the facts and circumstances of the case can be best settled 
after recording of evidence. An unconventional mode adopted by the  
co-accused to take the life of the deceased and suddenness of the incident 
squarely bring petitioner’s case within the remit of further probe; to his 
extent criminal petition No.658 of 2020 is converted into appeal and 
allowed; he shall be released on bail upon furnishing bond in the sum of 
 
 
 2 
  
  
 
Rs.500,000/- with one surety in the like amount to the satisfaction of the 
learned trial Court/duty Judge.  
 
 
 
Judge 
 
 
 
 
Judge 
Islamabad, the 
25th August, 2020 
Not approved for reporting 
Ghulam Raza/- 
 
