IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Umar Ata Bandial 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition No.391 of 2020 
(Against judgment dated 6.4.2020 passed by the 
Peshawar High Court Bannu Bench, Bannu in  
B.A. No.138-B/2020) 
 
 
Shabran Khan 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The State & another 
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Aftab Alam Yasir, ASC 
 
 
 
 
For the State: 
Mr. Anis M. Shahzad, ASC 
 
along with M. Asghar, I.O.  
 
Date of hearing: 
06.05.2020. 
 
ORDER 
 
 
 
Qazi Muhammad Amin Ahmed, J.- Behind Bars since 
30.12.2019, Shabran Khan, petitioner, seeks admission to bail; he is 
blamed to have conspired murder of Muhammad Iqbal, 48/49, on 
27.10.2019 within the remit of Police Station University, Dera Ismail 
Khan. Deceased’s nephew attended the casualty in the hospital and 
conveyed information to his uncle Malik Muhammad Ismail who lodged 
formal First Information Report wherein Latifullah son of Allah Wasaya 
along with Saif-ur-Rehman Inspector and his brother Asghar were 
arrayed as suspects in the backdrop of a motive that related to 
attempts to take forcible possession of immovable property, a move 
fiercely resisted by the deceased. Abdul Latif and Asghar were arrested, 
however, subsequently released on bail as they were substituted by Dil 
Jan accused who allegedly admitted to have committed the murder 
along with one Inayat Ullah on petitioner’s direction with a .30 caliber 
pistol provided by him for the purpose.  
2. 
 
Heard. Record perused. 
3. 
 
Complainant restructured his case through statement 
dated 17.12.2019; Latifullah, Saif-ur-Rehman and Asghar, initial 
suspects, stood replaced with Inayatullah and Dil Jan being the alleged 
assassins. Aman Ullah is inducted as a facilitator on behalf of the 
Criminal Petition No.391 of 2020 
2
petitioner, introduced as architect behind the crime with a motive.  
To frame the de novo set up, the Investigating Officer produced three 
witnesses before a Magistrate who recorded their statements pointed 
upon the accused. A .30 caliber pistol, licensed to Dil Jan accused, is 
part of prosecution inventories. It would be less than expedient to 
comment upon the merits of the prosecution case as its fate is to be 
essentially settled by the trial Court after recording of evidence, 
nonetheless, in the given backdrop, petitioner’s culpability as the man 
behind the scene certainly warrants further probe and as such his case 
squarely falls within the remit of subsection 2 of section 497 of the 
Code of Criminal Procedure 1898. Criminal Petition is converted into 
appeal and allowed. Petitioner is admitted to bail and shall be released 
upon furnishing bond in the sum of Rs.500,000/- with one surety in 
the like amount to the satisfaction of the learned trial Court/Duty 
Judge. 
 
 
 
 
Judge 
 
 
 
 
 
Judge 
Islamabad, the 
6th May, 2020 
Not approved for reporting 
Azmat/- 
