IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
MR. JUSTICE MAQBOOL BAQAR 
MR. JUSTICE MUNIB AKHTAR 
MR. JUSTICE QAZI MUHAMMAD AMIN AHMED 
 
 
Criminal Petition No.73-P of 2021 
(On appeal against the judgment dated 19.03.2021 
passed by the Peshawar High Court Peshawar in 
Cr. Misc. B.A. No.663-P/2021) 
 
 
 
 
Abdul Razzaq 
… Petitioner 
 
 
 
Versus 
 
 
 
The State 
… Respondents 
     
      
For the Petitioner  
: 
Syed Abdul Fayaz, ASC 
 
 
 
For the State 
 
 
For the Complainant 
: 
 
: 
 
Mr. Shumail Aziz,  
Advocate General, KP with Zahid, I.O. 
 
In person. 
 
 
 
 
Date of Hearing 
: 
17.09.2021 
 
 
 
 
 
ORDER 
 
 
 
 
 
Qazi Muhammad Amin Ahmed, J. – Zahid Shah, 
18/19, was spotted dead on 17.1.2021 within the precincts of 
Police Station Landi Kotal, District Khyber; his uncle Shoqi 
Muhammad reported the incident to police without mentioning the 
accused or motive for the crime. Autopsy conducted at 10:45 a.m. 
on 18.1.2021 noted two firearm entry wounds on the skull, 
inflicted within the preceding 9 to 18 hours; as the investigation 
progressed, the petitioner was hauled up as a suspect on the basis 
of statements of Iqrar Hussain and Roman PWs, recorded as late 
as on 29.1.2021; according to the witnesses, the petitioner  had 
borrowed a .30 caliber pistol which he subsequently returned to 
them; the pistol was produced by the witnesses to the police and it 
was forensically found wedded with the casings, secured from the 
spot. The High Court considered the evidence, sufficient to 
Cr.P.73-P/2021 
 
 
 
 
 
2
constitute “reasonable grounds” and declined bail vide impugned 
order dated 19.03.2021. 
2. 
 
Heard. Record perused. 
3. 
 
Be that as it may, the question as to whether .30 
caliber pistol presented to the police by the prosecution witnesses, 
shown to have ejected casings of the fatal shots can be attributed 
to the petitioner so as to conclusively saddle him with the 
culpability of crime in the absence of any other evidence is 
certainly an issue that needs to be settled after recording of 
evidence. In the school leaving certificate, petitioner’s date of birth 
is recorded as 6.9.2004, bringing his status within the remit of 
juvenility with concomitant concessions available to him under the 
law. Even otherwise, investigation being complete, petitioner’s 
continuous detention is not likely to improve upon prosecution’s 
case; a case for his release on bail stands made out. Petition is 
converted into appeal and allowed; the petitioner/appellant shall 
be released, pending his trial, upon furnishing bond in the sum of 
Rs.500,000/- with one surety in the like amount to the satisfaction 
of the learned trial Court.  
 
 
JUDGE 
 
 
 
JUDGE 
 
 
 
JUDGE 
Islamabad, the 
17th September, 2021 
Azmat/* 
