IN THE SUPREME COURT OF PAKISTAN 
(APPELLATE JURISDICTION) 
 
 
 
PRESENT: 
MR. JUSTICE MAQBOOL BAQAR 
MR. JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI 
 
 
CRIMINAL PETITION NO. 1183 OF 2021 
(On appeal against the order dated 15.10.2021 passed by 
the Peshawar High Court, Peshawar in Cr.Misc (Bail 
Application) No. 3098-P/2021) 
 
 
Sikandar Hayat 
… Petitioner 
VERSUS 
The State and another 
… Respondents 
 
For the Petitioner: 
Mr. Muhammad Fahim Wali, ASC 
 
For the State: 
 
Mr. Shumail Aziz, Addl. A.G 
 
 
 
 
Mr. Ziaullah, Inspector 
 
Date of Hearing: 
 
01.11.2021 
 
ORDER 
 
SAYYED MAZAHAR ALI AKBAR NAQVI, J.- Through the instant 
petition under Article 185(3) of the Constitution of Islamic Republic of 
Pakistan, 1973, the petitioner has assailed the order dated 
15.10.2021 passed by the learned Single Judge of the Peshawar 
High Court, Peshawar, with a prayer to grant post-arrest bail in case 
registered vide FIR No. 966 dated 03.08.2021 under Sections 
302/324/148/149 
PPC 
at 
Police 
Station 
University 
Town, 
Peshawar, in the interest of safe administration of criminal justice. 
2. 
 
Briefly stated the allegation against the petitioner is 
that he along with co-accused while armed with firearms assaulted 
on the complainant party and due to the fire shots made by the 
petitioner, two persons have lost their lives.  
3. 
 
At the very outset, it has been argued by learned 
counsel for the petitioner that the petitioner has been falsely roped in 
this case against the actual facts and circumstances of this case. 
Contends that the prosecution has involved five accused in the 
present case and the role ascribed to each one of them including the 
CRIMINAL PETITION NO. 1183 OF 2021 
2
petitioner is of general nature. Contends that the report of the FSL as 
to empties suggest that they were fired from one and the same 
weapon and in this view of the matter the case of the petitioner falls 
within the ambit of further inquiry, therefore, he is entitled for the 
concession of bail.  
4. 
 
On the other hand, learned Law Officer has defended 
the impugned order whereby post-arrest bail has been declined to 
the petitioner. He contended that the petitioner has been specifically 
nominated in the crime report with a specific role of firing at the 
deceased persons and the three natural eyewitnesses are deposing 
against him, therefore, he does not deserve any leniency by this 
Court.   
5. 
 
We have heard learned counsel for the parties at some 
length and have perused the record with their assistance.  
 
 
As per the contents of the crime report, the allegation 
leveled against the petitioner is that he along with four co-accused 
while armed with firearms has launched an attack on the 
complainant party and due to fire shots made by them two persons 
have been done to death. However, we have noted that only a 
general role of firing has been ascribed to the petitioner and no 
details have been given as to what kind of weapon the petitioner 
had used and on which parts of the body of the deceased, the 
alleged fire shots made by him landed. We have also noted that 
from the place of occurrence, 27 empties were taken into possession, 
which according to the report of the FSL were found to be fired from 
one and the same weapon. In this view of the matter, when the role 
ascribed to the petitioner is of general nature and according to the 
report of FSL only one weapon was used in the commission of the 
crime, it is the Trial Court who after recording of evidence would 
decide about the guilt or otherwise of the petitioner and until then 
the petitioner cannot be kept behind the bars for an indefinite period. 
Keeping in view all the facts and circumstances, the case of the 
petitioner squarely falls within the purview of Section 497(2) Cr.P.C. 
entitling for further inquiry into his guilt.  
6. 
 
For what has been discussed above, we convert this 
petition into appeal, allow it and set aside the impugned order dated 
15.10.2021. The petitioner is admitted to bail subject to his 
CRIMINAL PETITION NO. 1183 OF 2021 
3
furnishing bail bonds in the sum of Rs.200,000/- with one surety in 
the like amount to the satisfaction of learned Trial Court. The above 
are the detailed reasons of our short order of even date.  
 
 
 
 
 
 
 
JUDGE 
 
JUDGE 
Islamabad, the  
1st of November, 2021 
Not Approved For Reporting 
Khurram 
 
 
 
 
 
