IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Umar Ata Bandial 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition No.234 of 2020 
(Against order dated 3.2.2020 passed by 
the Peshawar High Court Peshawar in Crl. 
Misc. No.3759-P/2019) 
 
 
Asfand Yar Khan & another 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
The State & another 
…Respondent(s) 
 
 
 
For the Petitioner(s): 
Mr. Basharatullah Khan, ASC 
 
Syed Rifaqat Hussain Shah, AOR 
 
For the State(s): 
Mr. Arshad Yousafzai, ASC  
 
with Durran Shah, Inspector 
 
 
Date of hearing: 
02.04.2020. 
 
ORDER 
 
 
 
Qazi Muhammad Amin Ahmed, J.- Asfand Yar Khan and 
Salman Khan, real brothers inter se, seek admission to bail; they have 
been arrayed as accused through supplementary statement dated 
4.9.2019, in a case of homicide, registered on 17.8.2019 at Police 
Station Paharipura Peshawar on the statement of Nadim Safdar, 
acclaimed witness of the incident; he had blamed Asad, Farhan, Imran, 
Amjad and Aamir as the culprits for committing murder of his sister 
Sumera Safdar and driver Inaam Lag, who drove the entourage to 
attend proceedings in a case of murderous assault in District Courts 
Peshawar. Motive for the crime is bad blood over property with a string 
of cases raging between the parties. Sumera Safdar’s daughter through 
supplementary statement joined the petitioners with the co-accused, 
initially omitted by the complainant as well as the witnesses who 
claimed to have survived the assault.  
2. 
 
Heard. Record perused. 
3. 
 
Be that as it may, the petitioners were not named in the 
crime report as being alongside the accused who gunned down the 
Criminal Petition No.234 of 2020  
 
 
2
deceased; all the witnesses are unanimous on the number of accused 
as five; the omission is intriguing and by itself brings petitioners’ case 
within the remit of subsection 2 of section 497 of the Code of Criminal 
Procedure 1898. Criminal Petition is converted into appeal and same is 
allowed; the petitioners shall be released upon furnishing bonds in the 
sum of Rs.500,000/- with one surety each in the like to the satisfaction 
of the learned trial Court/Duty Judge.  
 
 
 
Judge 
 
 
 
 
Judge 
Islamabad, the 
2nd April, 2020 
Not approved for reporting 
Azmat/- 
