IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Maqbool Baqar 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition No.1269 of 2020  
(Against the judgment dated 12.10.2020 passed by the Lahore High 
Court, Multan Bench in Crl. Misc. No.4045-B/2020) 
 
 
Syed Hamad Raza 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The State & others 
 
…Respondent(s) 
 
 
For the Petitioner(s): 
Mr. Khuram Masaud Kiyani, ASC 
 
Syed Rifaqat Hussain Shah, AOR 
 
 
For the Respondent(s): 
Mr. Altaf Ibrahim Qureshi, ASC 
 
Mr. Sanaullah Zahid ASC 
 
Mr. Anis M. Shahzad, AOR with accused 
 
 
For the State: 
Mirza Abid Majeed, Deputy Prosecutor 
General with M. Ashraf, I.O. 
 
Date of hearing: 
16.11.2021. 
 
ORDER 
 
 
 
 
 Qazi Muhammad Amin Ahmed, J.- Aqeel Abbas and Syed 
Samar Abbas, members of an unlawful assembly, blamed for 
murderous assault as well as homicide, in the backdrop of a dispute 
that cropped up soon after a religious congregation, within the precincts 
of Police Station Harrapa, District Sahiwal on 15.5.2020, an incident 
wherein three persons lost their lives while four others survived the 
assault with multiple injuries, were admitted to bail in anticipation to 
their arrest by a learned Judge-in-Chamber of the Lahore High Court at 
Multan Bench vide impugned order dated 12.10.2020.  
 
The learned counsel, at the very outset, does not press this 
petition to the extent of Syed Samar Abbas, saddled with mere presence 
at the crime scene, however, contends that there was no occasion for 
grant of judicial protection to Aqeel Abbas, attributed a butt blow to the 
Criminal Petition No. 1269 of 2021 
2
petitioner, a role duly confirmed by medico legal examination, 
conducted same day, under a police docket; it is next argued that 
investigation confirmed respondent’s participation in the occurrence 
and, thus, his remission into custody for recovery was a most essential 
step, grievously hampered to the detriment of prosecution by the 
impugned order; colossal loss of lives with massive violence endured by 
the witnesses sans space to entertain any hypothesis of mala fide, a 
sine qua non, to extend extraordinary protection of pre-arrest bail, 
concluded the learned counsel; he has been joined in his opposition by 
the learned Law Officer. Contrarily, the learned counsel for the 
respondents argued that the injury shown to have been suffered by the 
complainant could well be result of a fall, in any case, designated as 
Shajjah-i-Khafifa within the contemplation of section 337 A(i) of the 
Pakistan Penal Code, 1860, scheduled as bailable and as such the 
respondent was justifiably granted pre-arrest bail.  
2. 
 
Heard. Record perused. 
3. 
 
The respondent prominently figures in the array of 
assailants in the crime report with a specific role supported by the 
witnesses in their statements recorded under section 161 of the Code of 
Criminal Procedure, 1898; medical evidence, prima facie, confirmed the 
role assigned to the respondent and, thus, we failed to find any 
justification for the High Court to extend judicial protection merely on 
the ground that “he was related to the co-accused or that probability of 
his false implication as a result of wider net and exaggeration being 
possible factors constituted mala fide intention and ulterior motive” ; such 
sweeping findings with drastic consequences for the prosecution at the 
initial stage of the case, that too, structured subjectively on a premise 
lacking evidential foundations failed to commend our approval. 
Similarly, we are not impressed by the argument that the respondent 
could only be saddled with the mischief of section 337 A(i) of the Code 
ibid as the injury allegedly caused by him was medically opined as 
Shajjah-i-Khafifa for the plain reason that role of a participant in a non-
bailable offence cannot be quantified to stretch out space for his 
admission to pre-arrest bail nor can be viewed as a factor to dispense 
with the requirement of reasonably demonstrating mala fide behind the 
intended arrest; such matters are part of a post arrest bail agenda, not 
a substitute for pre-arrest bail. For effective and meaningful 
administration of criminal justice to curb criminal behaviours and with 
a view to put in place effective deterrence, law must take its course, 
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3
unmistakably, arrest in cognizable non-bailable offences, without let or 
hindrance, for smooth conclusion of investigative process. Petition to 
the extent of respondent Aqeel Abbas is converted into appeal and 
allowed; impugned order dated 12.10.2020 to his extent is set aside and 
bail granted to him is cancelled. 
 
 
Judge 
 
 
 
Judge 
Islamabad, the 
16th November, 2021 
Azmat/- 
