IN THE SUPREME COURT OF PAKISTAN 
(APPELLATE JURISDICTION) 
 
PRESENT: 
MR. JUSTICE MUNIB AKHTAR 
MR. JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI 
 
CRIMINAL PETITION NO. 1720 OF 2022 
(On appeal against the judgment dated 14.11.2022 
passed by the Peshawar High Court, Bannu Bench in 
BA No. 543B/2022) 
 
Noor Kamal and Asad Kamal @ Syed Kamal 
 
 
 
 
 
 
 
… Petitioners 
VERSUS 
The State and another 
 
 
 
 
 
 
 
 
… Respondents 
 
For the Petitioners: 
Mr. Ahmad Ali, ASC 
 
Mr. Anis Muhammad Shahzad, AOR 
 
For the State:  
 
Sardar Ali Raza, Addl. A.G. 
 
 
 
 
Mr. Amir Khan, SHO 
 
 
 
 
Mr. Waheed Ullah, I.O. 
 
For the Complainant: 
In jail 
 
Date of Hearing: 
 
30.03.2023 
 
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 petitioners have assailed the judgment dated 14.11.2022 passed 
by the learned Single Judge of the Peshawar High Court, Bannu Bench, 
with a prayer to grant post-arrest bail on statutory ground in case 
registered vide FIR No. 515 dated 13.05.2021 under Sections 324/34 PPC 
at Police Station Naurang, Lakki Marwat, in the interest of safe 
administration of criminal justice. 
2. 
 
Briefly stated the allegation against the petitioners is that 
they while armed with firearms launched a murderous attack on the 
complainant party and made fire shots, which hit the complainant and the 
witness Mashal Khan on left rib and left knee respectively. After their 
CRIMINAL PETITION NO. 1720 OF 2022 
2
arrest, the petitioners approached the learned Trial Court for grant of 
post-arrest bail but the learned Trial Court dismissed their bail petition 
vide order dated 21.06.2021, which was upheld by the learned High Court 
vide judgment dated 27.08.2021. Thereafter, the petitioners filed fresh 
bail petitions before the learned Trial Court on statutory ground, but the 
same were dismissed vide order dated 20.07.2022. This order was upheld 
by the learned High Court vide impugned judgment dated 14.11.2022. 
Hence, this petition seeking leave to appeal.  
3. 
 
At the very outset, it has been argued by learned counsel for 
the petitioners that the petitioners have been falsely roped in this case 
against the actual facts and circumstances of the case. Contends that the 
petitioners are behind the bars for the last more than 22 months and the 
conclusion of trial is not in sight in near future, therefore, they are entitled 
for the grant of post-arrest bail on statutory ground. Contends that the 
delay in conclusion of the trial is not attributable to the petitioners rather 
the same occasioned due to the prosecution. Contends that the co-
accused of the petitioners has been granted post-arrest bail by this Court, 
therefore, the petitioners also deserve the same treatment to be meted 
out. Contends that in-fact the complainant party was aggressor and two 
persons from the petitioners’ side have been done to death by the 
complainant party and a crime report in this regard was promptly lodged. 
Contends that the instant crime report is an attempt to pressurize the 
petitioners’ side to gain ulterior motives.  
4. 
 
On the other hand, learned Law Officer defended the 
impugned order by contending that the petitioners have been specifically 
nominated in the crime report with a specific allegation of attempting to 
take life of the complainant, therefore, they do no deserve any leniency 
from this Court.  
5. 
 
We have heard learned counsel for the parties at some 
length and have perused the record with their assistance.  
CRIMINAL PETITION NO. 1720 OF 2022 
3
 
 
As per the contents of the crime report, the allegation 
against the petitioners is that they while armed with firearms launched a 
murderous assault on the complainant party and made fire shots, which 
hit the complainant and the witness Mashal Khan on left rib and left knee 
respectively. However, it is stance of the petitioners that in-fact the 
complainant party was aggressor and committed murder of two persons 
from petitioners’ side. The petitioner Noor Kamal has also got registered 
FIR bearing No. 514 dated 13.05.2021 under Sections 302/324/34 PPC at 
Police Station Naurang, Lakki Marwat against the complainant party. We 
have noted that in the instant case only a general role has been ascribed 
to the petitioners and co-accused and no details have been given as to 
which accused fired at which injured. Admittedly, the petitioners did not 
repeat the fire, which prima facie shows that they had no intention to kill 
the victims. The petitioners are behind the bars since 14.05.2021 and 
despite lapse of more than 22 months, the conclusion of trial is not insight 
in near future. Learned counsel for the petitioners informed us that the 
delay is not attributable to the petitioners. On our specific query, learned 
Law Officer admitted the stance of the petitioners. A plain language of 
proviso 3 to sub-Section (1) of Section 497 Cr.P.C. clearly reveals that in 
cases of non-bailable offences, which are not punishable with death where 
the accused has been detained for a continuous period exceeding one year 
and it is found that the delay in the trial has not been occasioned due to 
any act or omission of the accused, the Court shall direct that the accused 
be released on bail. This Court has time and again held that liberty of a 
person is a precious right, which cannot be taken away without 
exceptional foundations. The co-accused of the petitioners namely Usman, 
who was ascribed the similar role, has been granted post-arrest bail by this 
Court, therefore, the petitioners are entitled for the concession of post-
arrest bail on this score alone. Taking into consideration all the facts and 
circumstances stated above, we are of the view that the case of the 
petitioners squarely falls within the ambit of Section 497(2) Cr.P.C. 
entitling for further inquiry into their guilt.    
CRIMINAL PETITION NO. 1720 OF 2022 
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6. 
 
For what has been discussed above, we convert this petition 
into appeal, allow it and set aside the impugned judgment. The petitioners 
are admitted to bail subject to their furnishing bail bonds in the sum of 
Rs.100,000/- each with one surety each in the like amount to the 
satisfaction of learned Trial Court.  
 
 
 
  
 
 
 
 
 
JUDGE 
 
 
 
JUDGE 
Islamabad, the  
30th of March, 2023 
Approved For Reporting 
Khurram 
