IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Gulzar Ahmed, CJ 
Mr. Justice Ijaz ul Ahsan 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition No.143-K of 2021 
(Against the judgment dated 22.10.2021 passed by the High Court of 
Sindh Karachi in Cr. Bail Application No.S-733 of 2021) 
 
 
Ghulam Qadir 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The State 
 
…Respondent(s) 
 
For the Petitioner(s): 
Ms. Abida Parveen Channar, ASC/AOR 
 
with petitioner. 
 
For the State: 
N.R. 
 
Date of hearing: 
25.11.2021. 
 
ORDER 
 
 
 
 Qazi Muhammad Amin Ahmed, J.- Apprehending arrest 
in 
a 
case 
of 
murderous 
assault, 
Ghulam 
Qadir, 
petitioner, 
unsuccessfully attempted for bail in anticipation thereto; lastly on 
22.10.2021 before a learned Judge-in-Chamber of the High Court of 
Sindh, Circuit Court Hyderabad.  
According to the prosecution, on the eventful day i.e. 12.8.2021, 
accompanied by co-accused, each differently armed, the petitioner in 
the backdrop of a trivial dispute, inflicted a club blow to Manzoor PW 
while the co-accused targeted Muhammad Ibrahim and Shaman; 
medico legal reports confirmed receipt of multiple injuries by the 
witnesses.  
3. 
 
Pleading denial and innocence, learned counsel for the 
petitioner contends that it is a case of wider net wherein each able-
bodied member of the opponent side has been taken on board to face 
the rigors of an unjust prosecution, however, she concedes that 
according to the investigation, henceforth conducted, the Investigating 
Officer has not yet ruled out his participation in the crime; she has 
lastly referred to a delay of no less than five days in registration of the 
Criminal Petition No. 143-K of 2021 
2
case to conclude that the intended arrest is not free from the taints of 
mala fide.  
2. 
 
Heard. Record perused. 
3. 
 
Contents of the First Information Report supported by the 
statements of the witnesses and findings recorded by the Medical 
Officer run counter to the hypothesis of denial. Though the formal First 
Information Report was recorded on 17.8.2021, however, the injured 
with extensive injuries were medically examined under police dockets 
on 13.8.2021; according to the provisional medico legal certificates, 
they had reached hospital on 12.8.2021 at 6:00 p.m. just half an hour 
after the incident and, thus, delay in formal registration of the case, a 
phenomena hardly unusual, does not raise eyebrows. Even otherwise, 
in the absence of any apparent mala fide on part of the complainant or 
the local police, the petitioner cannot claim extraordinary/equitable 
concession of pre-arrest bail in a criminal case wherein no less than 
three persons endured multiple injuries, one being an incised wound on 
the back of neck with exposed bone. Arguments addressed by the 
learned counsel, being part of post arrest agenda, cannot be attended at 
pre-arrest bail stage, certainly not a substitute for post arrest bail. The 
High Court as well as the Court of Session, on the assessment of above 
referred to material, rightly declined judicial protection to the petitioner. 
Petition fails. Leave declined.  
 
 
 
Chief Justice 
 
 
 
Judge 
 
 
 
 
  
 
 
Judge 
Karachi, the 
25th November, 2021 
Azmat/- 
