IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
PRESENT: 
Mr. Justice Mushir Alam 
Mr. Justice Qazi Muhammad Amin Ahmed 
  
Criminal Petition No.916 of 2020 
(Against the order dated 9.6.2020 passed by the 
Peshawar High Court, D.I. Khan Bench in Cr.M.BC 
No.10-D/2020) 
 
Muhammad Waheed 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
The State through AG KPK and another  
….Respondent(s) 
 
For the Petitioner(s): 
 
Mr. Muhammad Yousaf Khan, ASC 
 
For the State: 
Mr. Anis Muhammad Shahzad (State counsel) 
with Haq Nawaz, SI. 
 
Date of hearing: 
01.09.2020. 
 
 
 
 
ORDER 
 
  
Qazi Muhammad Amin Ahmed, J.- Muhammad Waheed, 
petitioner herein, blamed for attempt to have carnal knowledge with Nemat 
Ullah, 7/8, at 12.00 hours on 2.12.2019 within the precincts of Police 
Station  Daraban, District D.I. Khan, seeks revival of his bail granted by 
the Addl. Sessions Judge, subsequently cancelled by a learned Judge-in- 
Chamber of the Peshawar High Court, D.I. Khan Bench vide impugned 
order dated 9.6.2020.  
After the assault, the child was examined same day and the Medical 
Officer observed a bleeding anal orifice with abrasions on the knee joint; 
whitish material on the clothes were forensically opined as seminal stains.  
2. 
 
Learned counsel for the petitioner contends that there was no 
occasion for the learned High Court to cancel bail granted by a competent 
tribunal; according to him, freedom once granted is seldom re-called more 
so in the absence of compelling reasons, conspicuously missing in the 
case. Learned Law Officer has faithfully defended the impugned order; he 
contends that medical evidence unambiguously suggested commission of 
crime of sodomy as the bleeding rectum confirms penetration, sufficient to 
constitute the offence and, thus, the investigating officer manifestly ran 
into error by viewing the incident as mere attempt, therefore, observations, 
 
 
 2 
Criminal Petition No.916 of 2020  
 
though tentative in nature, recorded by the High Court are not open to 
exception.  
3. 
 
Heard. Record perused. 
4. 
 
Certainly it is for the trial Court to finally settle petitioner’s 
alleged culpability and the offence made thereunder on the strength of 
evidence, nonetheless, available material in the given circumstances 
constitutes “reasonable grounds” within the contemplation of section 497 
of the Code of Criminal Procedure 1898 so as to bring his case within the 
remit of prohibition provided thereunder and, thus, there was no occasion 
for the learned Additional Sessions Judge to release him on bail, an error 
justifiably rectified by the learned Judge-in-Chamber. On our own 
analysis, given extreme tender age of the child, trauma apparently endured 
by him, positively confirmed by medical evidence, we do not feel persuaded 
to subscribe to the parallel story of denial, structured upon complainant’s 
alleged animosity based upon some previous litigation. Plea of juvenility 
though addressed at the bar does not find mention in the grounds taken 
before us though there is an oblique reference before the Court of Session 
albeit with no supporting material. Petition fails. Leave declined.   
 
 
 
Judge 
 
 
 
Judge 
Islamabad, the 
1st September, 2020 
Not approved for reporting 
Azmat/- 
