IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
PRESENT: 
Mr. Justice Mazhar Alam Khan Miankhel 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition No.543 of 2020  
(Against the order dated 5.3.2020 passed 
by the Peshawar High Court Bannu Bench 
Bannu in Crl. Misc. No.73-B/2020) 
 
 
Habib Ullah Jan & another 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
The State through A.G. KPK & others 
 
…Respondent(s) 
For the Petitioner(s): 
Mr. Adil Aziz Qazi, ASC 
 
Mr. Sher Afzal Khan, ASC 
 
For the State: 
Mr. Fakhruddin Shah, ASC 
 
For the Complainant: 
Mr. Anis M. Shahzad, ASC 
 
Date of hearing: 
07.07.2020. 
 
 
 
 
 
ORDER 
 
 
 
 Qazi Muhammad Amin Ahmed, J.-Habib Ullah Jan and 
Asif Ullah Khan are amongst the accused arrayed in a case of 
murderous assault, lodged by Saad Ullah PW. It is alleged that on the 
eventful day, differently armed, they assaulted Kaleem Ullah, Saad 
Ullah and Riffat Ullah, in consequence whereof, each sustained 
multiple injuries, confirmed by medico legal reports. An outstanding 
dispute over a piece of land triggered the episode.  
2. 
 
Having regard to the magnitude of violence endured by the 
witnesses, no less than three in number, prima facie, supported by 
medical evidence, statements of the witnesses and spot recoveries, the 
High Court having found reasonable grounds, standing in impediment 
to petitioners’ release on bail in the absence of any consideration calling 
for further probe so as to circumvent statutory bar embodied in section 
497 of the Code of Criminal Procedure, 1898, declined the request,  
a conclusion arrived at in its discretion and, on our own analysis, 
found by us as intra vires being judicially structured, no interference is 
called for. Petition fails. Leave declined.   
 
Judge 
 
 
 
Judge 
Islamabad, the 
7th July, 2020 
Not approved for reporting 
Azmat/- 
