IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Mazhar Alam Khan Miankhel 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
 
Criminal Petition Nos.1612 of 2021  
(Against the judgment dated 13.12.2021 passed by the Peshawar High Court 
Peshawar in Crl. M. (BA) No.4124-P/2021)) 
 
 
Noor Wali and another  
 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
The State and another  
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Hussain Ali, ASC 
 
Mr. Anis Muhammad Shahzad, AOR 
 
For the State: 
Mr. Shumayl Aziz,  
 
Add. Advocate General KP 
 
Date of Hearing: 
16.02.2022. 
 
ORDER 
 
 
 
 
Qazi Muhammad Amin Ahmed, J.:- A contingent of 
Pakistan Customs, on a tip off, signaled a Lahore bound bus to halt 
at the check post within the precincts of Police Station Chamkani 
Peshawar; it was being escorted by the assailants riding on two 
vehicles; they ran over the contingent as a result whereof Mian Irfan 
Ullah, 27, sustained serious injuries, subsequently proved fatal. The 
assailants took to the heels, however, the petitioners were 
apprehended by a police party arrived at the scene pursuant to 
information; they have been denied bail, lastly by a learned Judge-
in-Chamber of the Peshawar High Court Peshawar vide impugned 
order dated 13.12.2021, leave to appeal wherefrom is being prayed 
for on a variety of grounds. 
2. 
 
Heard. Record perused. 
3. 
 
We are not impressed by the argument that Irfan Ullah 
Constable was accidently run over by the speeding vehicle as the 
Custom Authorities in anticipation to arrival of the said vehicle with 
Crl Petition No.1612/2021 
 
smuggled contraband on board had set up a blockade, calculatedly 
breached by the petitioners by running over a State functionary, 
standing in the line of duty, a criminal transgression with 
consequences most serious. The smuggled items, taken into 
possession in the wake of gory incident, in retrospect, lends credible 
support to the prosecution case, set up in the crime report. Material 
collected by the prosecution constitute “reasonable grounds” within 
the contemplation of section 497 of the Code of Criminal 
Prosecution, 1898 standing insurmountably in impediment to their 
release on bail, in the absence of any consideration calling for 
further probe. View concurrently taken by the Courts below being 
well within remit of law calls for no interference. Petition fails. Leave 
declined.  
 
 
  
 
 
  
 
Judge 
 
 
Judge 
Islamabad, the 
16th February, 2022 
Azmat/- 
