IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
 
PRESENT: 
Mr. Justice Mazhar Alam Khan Miankhel 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition No.640 of 2020  
(Against order dated 5.6.2020 passed by the Peshawar High Court 
Peshawar in Cr. Misc. (BA) No.1446-P/2020) 
 
Kamran 
 
.…Petitioner(s) 
 
 
 
 
 
Versus 
 
Kamran Malik and another 
….Respondent(s) 
 
 
For the Petitioner(s): 
 
Mr. Hussain Ali, ASC 
 
 
 
 
 
  
 
 
For the State: 
Ms. Aisha Tasneem, ASC  
 
with Siraj, I.O. 
 
Date of hearing: 
30.07.2020. 
 
 
 
 
 
ORDER 
 
 
Qazi Muhammad Amin Ahmed, J.- Waseem Aslam, Waqas Aslam 
and Siddique Aslam, real brothers inter se,  were shot dead  at 8:30 p.m. 
on 14.1.2020 within the precincts of Police Station  Bhana-Marri 
Peshawar; Kamran Malik, complainant survived the assault unscathed. 
Muhammad Ishaq, co-accused, is assigned fatal shots in the deadly 
assault while the petitioner, no other than his son, is blamed to have 
exhorted him to take on the deceased. A previous brawl is cited as motive 
for the crime.  
2. 
 
Heard. Record perused. 
3. 
 
Awful magnitude of violence and resultant loss of life 
notwithstanding, nonetheless, the petitioner though statedly present with 
other family members outside his home where the deceased had gone to 
lodge complaint for the previous incident, is not attributed any harm to 
them, as on prosecution’s own showing, he allegedly instigated his father, 
otherwise authoritatively placed on the parental rung. Question as to 
whether, instead of taking deadly initiative himself, he preferred to 
persuade his father for the misadventure, a role, contrary to the traditions, 
brings the accusation within the ambit of subsection 2 of section 497 of 
the Code of Criminal Procedure 1898 and thus, would be best settled after 
Criminal Petition No.640 of 2020  
 
 
 
2
recording of evidence, therefore, he cannot be kept behind the bars merely 
as a measure of punishment. Investigation being complete, petitioner’s 
continuous detention is not likely to serve any useful purpose, beneficial to 
the prosecution. Criminal petition is converted into appeal and allowed; 
petitioner shall be released on bail subject to furnishing bonds in the sum 
of Rs.500,000/- with two sureties each in the like amount to the 
satisfaction of the learned trial Court/duty Judge.  
 
These are the reasons of our short order of even date, reproduced 
below: 
“For reasons to follow, this petition is converted 
into appeal and allowed; petitioner shall be 
released on bail subject to furnishing bond in the 
sum of Rs.500,000/- with two sureties each in 
the like amount to the satisfaction of the learned 
trial Court/duty Judge.” 
  
 
 
Judge 
 
 
Judge 
Islamabad, the 
30th July, 2020 
Not approved for reporting 
Azmat/- 
