IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Mazhar Alam Khan Miankhel 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
 
Criminal Petition No.1245 of 2020  
(Against the order dated 03.11.2020 passed by the Lahore High Court Multan 
Bench Multan in Crl. Misc. No.6529-B/2020) 
 
 
 
Muhammad Zahid Aslam & another 
 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The State & another   
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. James Joseph, ASC 
 
For the State: 
Mirza Abid Majeed, DPG Punjab with 
Muhammad Akram, SP Investigation, 
Pervaiz 
Ahmed, 
DSP/I.O 
and 
Tahir 
Inspector, Rajanpur.   
 
For the Complainant: 
Mr. Shah Khawar, ASC 
 
 
Date of hearing: 
10.02.2021. 
 
ORDER 
 
 
 
Qazi Muhammad Amin Ahmed, J.-  In a series of events 
that occurred between January 2015 to September 2019, Syed Ahsan 
Ali Raza Shamsi alleges to have been deprived of a colossal amount of 
rupees 20 million, grabbed by Muhammad Zahid alias Sain Sarkar, 
petitioner, transacted through banking channel as well as vehicles 
valuing rupees 40 million; he also blamed  Ali Raza Mashahadi alias 
Madhu Lal to have received a sum of Rs.300,000/-, that too, through a 
documented transaction. According to the complainant, he met 
Muhammad Zahid alias Sain Sarkar, a supposititious saint, in 
January, 2015 who introduced him to Ali Raza Mashahadi alias Madhu 
Lal; they lured him into their spell to receive the amounts as well as the 
vehicles; they also threatened to eliminate his parents through sorcery, 
finally prompting him to report the fraud to the police on 7.1.2020. The 
Criminal Petition No. 1245 of 2020 
2
petitioners denied accusations point-blank, however, were declined 
judicial protection both by the Court of Session as well as the High 
Court. Given complainant’s status as a lawyer’s son, who boosted his 
own law practice with a substantial holding and in view of peculiarity of 
allegations, paralleled by a story supported by bank transactions, 
District Police Officer Rajanpur was directed to submit a comprehensive 
report, an exercise, ordinarily avoided by this Court in such 
proceedings, nonetheless, found by us of little assistance.  
2. 
 
Heard. Record perused. 
3. 
 
It goes without saying that grant of pre-arrest bail in a 
cognizable criminal case is an extraordinary remedy, cautiously granted 
to protect dignity and honour of a citizen, manifestly found being 
harassed or hounded through process of law actuated by motives, 
oblique and sinister, while taking into account the possible set back, 
likely to be endured by the prosecution during investigative process. It 
is in this narrow spectrum that the plea raised by the petitioners during 
investigation as well as before the Court, merits consideration.  
An agreement to sell, executed between the complainant and a 
minor son of Muhammad Zahid alias Sain Sarkar, petitioner, dated 
25.09.2018 is on the record, however, conspicuously sans reference in 
the crime report lodged in as late as January 2020. A good number of 
receipts reflecting multiple transactions between the parties regarding a 
fish farm await attention by the Investigating Officer; similarly a suit by 
the complainant against Muhammad Zahid alias Sain Sarkar, with a 
claim of Rs.97,26,000/- instituted on 12.12.2019 clamours for 
explanation. 
Through 
banking 
transactions 
dated 
21.05.2018 
01.2.2019, 06.02.2019 and 28.02.2019, Muhammad Zahid alias Sain 
Sarkar 
channeled 
amounts 
to 
the 
tune 
of 
Rs.10,00,000/-, 
Rs.1,50,000/-, 
Rs.500,000/- 
and 
Rs.6,50,000 
respectively 
in 
complainant’s bank account, unmistakably suggest a lot more than 
what meets the eye, without transgressing the barriers of tentative 
assessment. Argument that a civil dispute, admittedly earlier settled by 
a local notable, is being converted into criminal prosecution to cast its 
rigors on the petitioners and as such mala fide is lurking behind the 
intended arrest is not beside the mark. Liberal application of penal 
provisions, scheduled as non-bailable, in the absence of contents, to 
prima facie attract their mischief, lends credence to an intriguing 
Criminal Petition No. 1245 of 2020 
3
collaboration between the complainant and the police; a case for 
judicial protection stands made out. Petitions are converted into appeal 
and 
allowed; 
ad-interim 
bail 
already 
granted 
to 
the 
petitioners/appellants is confirmed on their furnishing fresh bonds in 
the sum of rupees one million with two sureties each in the like amount 
to the satisfaction of the learned trial Court.  
 
 
 
Judge 
 
 
 
Judge 
Islamabad, the 
10th February, 2021 
Azmat/- 
