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.464 of 2020 
(Against 
impugned 
judgment 
dated 
23.4.2020 passed by Peshawar High Court 
Peshawar in Cr.M.(BA) No.843-P/2020) 
 
 
Muhammad Hayat 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
 
The State & another   
 
…Respondent(s) 
 
 
For the Petitioner(s): 
Mr. Mazullah Barkandi, ASC 
 
Syed Rifaqat Hussain Shah, AOR 
 
 
 
 
For the State: 
Ms. Aysha Tasneem, ASC 
 
along with Raza Raban SI, Peshawar 
 
For the Complainant: 
Mr. Hasnain Ali, ASC 
 
 
Date of hearing: 
05.06.2020. 
 
ORDER 
 
 
 
Qazi Muhammad Amin Ahmed, J.- Aurangezb along with 
his nephew Intikhab Alam was asleep on 5.2.2020 in his Hujjra 
situated within the precincts of Police Station Mithra, Peshawar, when 
at 10:00 p.m. they were surprised by armed intruders; they ostensibly 
demanded to search the premises so as to apprehend the hiding 
Talbans and seize their arms; they subdued the inmates including the 
children after tying them  in different rooms and left the scene with the 
valuables comprising cash, gold ornaments and a vehicle. The 
complainant extricated himself and lodged report with the police at 
10:00 a.m. As the investigation progressed, the petitioner was arrested 
alongside co-accused; he was identified by the witnesses in a test 
identification parade; pursuant to disclosure, he led to the recovery of 
some of the robbed articles.  
 
Criminal Petition No.464 of 2020 
2
2. 
 
Heard. Record perused. 
3. 
 
Alleged discrepancy in the actual number of assailants, 
stressed at inordinate length is an issue that cannot be settled within 
the restricted scope of tentative assessment of the material collected by 
the investigating agency. Similarly, flaws attributed to the test 
identification parade cannot be attended without undertaking a 
journey into prohibited territory. These are the issues, essentially to be 
determined by the trial Court, on the strength of evidence, yet to be 
recorded. In the absence of any apparent motive, suggestive of malice, 
identification of the accused coupled with recovery of the looted articles 
from within the safety of a dwelling at an odd hour of night to the 
horrors of the inmates that included children and women, we do not 
feel persuaded in our discretion to allow the request. Petition fails. 
Leave declined.   
 
 
 
 
Judge 
 
 
 
 
Judge 
 
 
Judge 
Islamabad, the 
5th June, 2020 
Not approved for reporting 
Azmat/- 
