IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Maqbool Baqar 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
 
Criminal Petition No.1210 of 2020  
(Against 
the 
order 
dated 
25.09.2020 
passed by the Peshawar High Court in Cr. 
Misc. (BA) No.2881-P/2020) 
 
 
 
Lal Marjan  
Abid 
 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
 
Islam Gul and others 
 
…Respondent(s) 
 
 
For the Petitioner(s): 
Mr. Asad Ullah Khan Chamkani, ASC 
 
For the Respondent(s): 
Mr. Zahid Yousaf Qureshi,  
 
Additional Advocate General, Khyber 
Pakhtunkhwa with M. Aslam, SI 
 
Date of hearing: 
09.12.2020. 
 
ORDER 
 
 
 
Qazi Muhammad Amin Ahmed, J.- Two masked pillion 
riders surprised the complainant and the witnesses with sudden 
indiscriminate firing at 5:45 p.m. on 28.7.2020 within the remits of 
Police Station Barra District Khyber; from amongst the injured, Safeer 
subsequently succumbed to the injuries. As the investigation 
progressed, the complainant came up with a supplementary statement 
purportedly recorded on 6.8.2020 wherein the petitioners were arrayed 
as the culprits against the backdrop of deceased’s runaway marriage 
with a lady related with them, way back in the year 2012.  
2. 
 
Heard. Record perused. 
3. 
 
Be that as it may, it is prosecution’s own case that the 
assailants who emerged at the spot all of a sudden had concealed their 
faces with masks; 19 casings of 7.66 caliber secured from the spot 
suggest use of an automatic weapon, indicating suddenness of the 
Criminal Petition No.1210 of 2020  
2
episode in retrospect. Investigating Officer’s failure to recover the 
weapon or the motorbike used during the occurrence brings fate of 
prosecution case to be essentially decided on the basis of 
supplementary statement, evidentiary value whereof, is to be best 
assessed after recording of evidence. A case for petitioners’ release on 
bail is made out within the contemplation of sub section 2 of section 
497 of the Code of Criminal Procedure 1898; they shall be released 
upon furnishing bonds in the sum of Rs.500,000/- with one surety 
each in the like amount to the satisfaction of the learned trial Court. 
Petition is converted into appeal and allowed.        
 
 
 
Judge 
 
 
Judge 
Islamabad, the 
9th December, 2020 
Not approved for reporting 
Azmat/- 
