IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT:  
MR. JUSTICE SAJJAD ALI SHAH  
MR. JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI 
 
 
 
CRIMINAL PETITION NO.252 OF 2020 
(Against the order of the Lahore High 
Court, Bahawalpur Bench, Bahawalpur 
dated 22.01.2020 passed in Crl.Misc. (No. 
3350-B/2019) 
 
Babar Hussain 
… Petitioner 
 
 
 
Versus 
The State and another  
… Respondents 
 
 
 
For the Petitioner  
: 
Mr. Qadeer Ahmad Rana, ASC 
 
For  the State  
: 
Mirza Usman, DPG Punjab with Shafqat 
SHO, police station Manchanabad. 
 
 
 
Date of Hearing 
: 
13.04.2020 
 
 
 
 
 
 
ORDER 
  
 
SAYYED MAZAHAR ALI AKBAR NAQVI:- Petitioner 
Babar Hussain has sought leave to appeal  under Article 185(3) of 
the Constitution of Islamic Republic of Pakistan, 1973 against the 
order 
of 
learned 
Lahore 
High 
Court, 
Bahawalpur 
Bench, 
Bahawalpur dated 22.01.2020 by which the petition for post arrest 
bail was declined in case FIR No.106/2018 dated 07.03.2018, 
registered with police station Manchanabad, District Bahawalnagar. 
2. 
 
As per allegations, contained in the crime report, it is 
alleged that the petitioner and his co-accused committed theft of dry 
batteries from Ufone Tower and during the occurrence, his co-
accused Attaullah was murdered. The petitioner was saddled with 
responsibility of alleged crime.  In response to the crime report, the 
petitioner was taken into custody by local police. He applied for post 
arrest bail before learned trial court which was declined vide order 
Criminal Petition No. 252 of 2020. 
-: 2 :-
dated 12.11.2019;  the same was assailed before learned High 
Court through Crl. Misc.  No. 3350-B of 2019 which too met the same 
fate, hence, this petition. 
3. 
 
The crux of the arguments advanced by the learned 
counsel for the petitioner is that there is allegation of generalized 
nature of resorting to indiscriminate firing against all the accused 
persons nominated in the crime report. They indulged in such an act 
when they were confronted by the security staff deployed over there 
after hearing voice of safety alarm installed there. The accused 
persons escaped from the scene of occurrence while resorting to 
indiscriminate firing which as per prosecution case ultimately had 
hit Attaullah who succumbed to the injuries after five to seven days. 
There is no denial to this fact that allegation of firing is ascribed to 
all the accused while escaping from the scene of occurrence. The 
statement of Attaullah deceased coupled with the application moved 
by widow of deceased to District Police Officer alleged that the firing 
was made by the petitioner before this Court.  As far as the 
culpability of deceased as alleged in the crime report is taken into 
consideration, whereas the veracity of other story advanced by the 
deceased while making dying declaration couple with the 
application moved by widow of the deceased to the District Police 
Officer, it cannot be adjudicated at this juncture of time rather it 
would be decided by learned trial court after recording of evidence 
during the course of trial.  
4. 
 
As far as the contention of learned Law Officer that the 
petitioner is involved in six other criminal cases would not disentitle 
him from the relief sought for as learned Law Officer frankly 
Criminal Petition No. 252 of 2020. 
-: 3 :-
conceded that petitioner has not been convicted in any case, hence, 
mere involvement in criminal cases could not be a ground to 
withhold the concession of bail in the given circumstances.  Reliance 
in this regard is placed upon cases titled as “Moundar and others 
vs. The State” (PLD 1990 S.C. 934) and “Muhammad Rafique Vs. 
The State” (1997 SCMR 412). As the allegation against the petitioner 
is of two versions, one advanced in the crime report, the other 
brought on the record in the shape of statement of Attaullah 
deceased as well as mentioned in the application filed by the widow 
of the deceased, it would squarely bring the case of the petitioner 
within the ambit of further inquiry falling under section 497(2) 
Cr.P.C. entitling him for the relief sought for. Otherwise liberty of a 
person is a precious right which has been guaranteed in the 
Constitution of Islamic Republic of Pakistan, 1973. Keeping in view 
the facts and circumstances brought on the record, we are 
persuaded to grant leave in this case. As a consequence, Criminal 
Petition is converted into appeal, same is allowed; the petitioner 
shall be released on bail subject to furnishing of bail bonds in the 
sum of Rs.5,00,000/- with one surety in the like amount to the 
satisfaction of the learned trial Court/Duty Judge. 
   
 
 
 
 
 
 
 
 
 
 
Judge 
 
 
 
Judge 
Islamabad,  
13.04.2020 
Approved for reporting 
Athar 
