IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
 
 
 
 
  
PRESENT: 
Mr. Justice Syed Mansoor Ali Shah 
Mr. Justice Qazi Muhammad Amin Ahmed 
Mr. Justice Amin-ud-Din Khan 
 
 
 
 
 
 
Criminal Petition No.438 of 2021 
(Against the judgment dated 17.05.2021passed by 
the Peshawar High Court Peshawar in Cr. Misc. 
B.1037-P/2020) 
 
 
 
Ghazan Khan 
 
 …Petitioner(s) 
  
 
 
 
Versus 
 
 
Mst. Ameer Shuma and another  
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Asad Ullah Khan Chamkani, ASC 
For the State: 
 
Mr. Zahid Yousuf Qureshi, Addl. A.G. KP 
  
 
 
 
with Mazhar Ali, ASI P.S. Katang,  
  
 
 
 
Mardan 
Date of hearing: 
 
17.05.2021. 
  
 
 
 
ORDER 
 
  
 
Qazi Muhammad Amin Ahmed, J.- Non suited 
throughout in his quest to secure bail, lastly by a learned Judge-in-
Chamber of Peshawar High Court Peshawar vide impugned order 
dated 12th of April, 2021, Ghazan Khan, petitioner, arrayed as one 
of the accused in a case of murderous assault, registered with 
Police Station Katlang District Mardan, seeks leave to appeal 
therefrom.  
  
It is alleged that on the eventful day i.e. 10.2.2021, he along 
with co-accused, targeted Sannan Ahmad PW who endured the 
assault with five entry wounds, confirmed by a medico legal 
certificate of even date; a monetary dispute is cited as motive for the 
crime. Unscathed themselves, nonetheless, the accused agitated a 
 Criminal Petition No.438 of 2021 
2
cross version on the strength of a fire shot sustained by a bubalus, 
owned by one Shah Muhammad, examined at a veterinary center 
on the following day to blame the injured as being aggressor in the 
episode.   
2. 
Heard. Record perused. 
3. 
Reliance upon a statement, purportedly made by the injured 
and recorded by the Investigating Officer in case diary dated 
11.02.2020, surprisingly annexed with the petition, wherein he 
exclusively blamed Hashmand co-accused for the injuries on his 
person is entirely beside the mark, besides being violative of 
subsection 2 of section 172 of the Code of Criminal Procedure, 1898 
and, thus, this petition, with disapproval, is liable to be dismissed 
on this ground alone.  Even otherwise, having regard to the totality 
of circumstances whereunder the petitioner is alleged to have 
actively participated in the occurrence, that squarely constituted 
mischief of section 324 of the Pakistan Penal Code, 1860, 
punishable with imprisonment for a period of ten years, attracting 
the bar that cannot be circumvented in the face of ‘reasonable 
grounds’ as contemplated by section 497 of the Code,  view taken 
by the courts below being well within the remit of law calls for no 
interference. Petition fails. Leave declined.   
 
 
Judge 
 
 
 
 
Judge 
 
 
 
Judge 
Islamabad, the 
17thMay, 2021 
Not approved for reporting 
Azmat/- 
