IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Mazhar Alam Khan Miankhel 
Mr. Justice Qazi Muhammad Amin Ahmed 
  
 
Criminal Petition Nos.591 of 2020 
(Against the order dated 05.06.2020 in Cr.M. 
(BA) 229-M/2020 passed by the Peshawar 
High Court, Minhora Bench (Dar-ul-Qaza), Swat  
 
 
Sheqab Muhammad 
 
.…Petitioner(s) 
 
 
 
 
 
Versus 
 
The State and others 
  
….Respondent(s) 
 
 
For the Petitioner(s): 
Mr. Abdul Latif Afridi, ASC 
 
For the State: 
 
Mr. Anis M. Shahzad, ASC 
 
 
 
 
with Samiullah, SHO and Abdul Kamal, I.O. 
 
 
 
 
 
 
 
 
 
 
For the Complainant:     In person 
 
Date of hearing:              07.08.2020. 
 
 
 
 
ORDER 
 
  
Qazi Muhammad Amin Ahmed, J.- Petitioner is amongst the 
array of accused, blamed to have murderously assaulted the PWs at  
9:10 a.m. on 10.4.2020 within the precincts of Police Station Himmat 
Khan Shaheen Kalangi, District Malakand, in the backdrop of a dispute 
over immovable property; fire shot attributed to the petitioner is confirmed 
by a medico legal certificate.  
2. 
 
Heard.  
3. 
 
Arguments that ocular account stands contradicted by medical 
evidence and in the absence of an independent witness from the public, 
petitioner’s general participation, resulting into an injury on a non-vital part 
of the body, particularly in the absence of repeated fire shot, squarely brings 
his case within the remit of further probe, are not only beside the mark but 
also cannot be attended without undertaking an in-depth analysis of the 
prosecution case, an exercise forbidden by law at bail stage. In a daylight 
affair, two persons sustained firearm injuries besides the one having endured 
violence   through   blunt   means   and   as   such   requires   no   public 
Criminal Petition Nos.591 of 2020 
  
  
 
2
support to drive home the charge; their statements supported by medical 
examinations of even date, cumulatively bring petitioner’s case prima facie 
within the mischief of section 324 of the Pakistan Penal Code, 1860, hit by 
statutory prohibition, in view whereof, he cannot be released on bail in the 
absence 
of 
any 
consideration 
within 
the 
purview 
of 
subsection  
2 of section 497 of the Code ibid. Similarly, murderous assault as defined in 
the section ibid draws no anatomical distinction between vital or non-vital 
parts of human body. Once the triggered is pressed and the victim is 
effectively targeted, “intention or knowledge” as contemplated by the section 
ibid is manifested; the course of a bullet is not controlled or steered by 
assailant’s choice nor can he claim any premium for a poor marksmanship. 
Exercise of discretion by the High Court being well within the bounds of law 
calls for no interference. Petition fails. Leave declined.    
 
 
 
 
Judge 
 
 
 
 
Judge 
Islamabad, the 
7th August, 2020 
Not approved for reporting 
Azmat/- 
 
 
 
 
