IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
 
PRESENT: 
 
Mr. Justice Mazhar Alam Khan Miankhel 
Mr. Justice Qazi Muhammad Amin Ahmed 
  
 
Criminal Petition No.619 of 2020  
(Against the judgment dated 17.2.2020 of the 
Peshawar High Court, Peshawar passed in Bail 
Petition No.56-P/2020) 
 
 
 
Aqal Khan 
 
.…Petitioner(s) 
 
 
 
 
 
Versus 
 
The State and another 
….Respondent(s) 
 
For the Petitioner(s): 
 
Mr. Hussain Ali, ASC 
 
 
 
 
 
 
 
 
 
 
  
 
 
For the State: 
 
 
Mr. Anis M. Shahzad, ASC 
 
 
Muhammad Ilyas, I.O. 
 
For the Complainant: 
Mr. Riazat ul Haq, ASC 
 
Date of hearing: 
03.08.2020. 
 
 
 
 
 
 
ORDER 
 
 
       Qazi Muhammad Amin Ahmed, J.-   Aqal 
Khan, 
petitioner 
herein, allegedly accompanied Meeran Jan, co-accused, no other than his 
real brother, attributed fatal shot to Maseet Khan deceased, at 9:00 a.m. 
on 09.11.2019, within the remit of Police Station Bara in the backdrop of a 
past feud; Courts below declined the request on his having been found in 
the community of intention with the co-accused, still away from law. It is 
alleged that the petitioner, after the incident, took away a pistol, carried by 
the deceased and got it recovered after his arrest, a circumstance that 
conclusively established his presence at the scene so as to stand 
disentitled to the concession of bail, no overt act notwithstanding.  
2. 
 
Heard. Record perused. 
3. 
 
It would be less than expedient to comment upon the factual 
aspects/merits of the case, however, what is evident from the record is 
that during his, seemingly, unanticipated encounter with the deceased, the 
Criminal Petition No.619 of 2020  
  
 
2
later was singularly targeted by the co-accused; first information report 
sans details of snatching of deceased’s gun by the petitioner and as such, 
circumstances cumulatively hovering over the incident, squarely brings 
petitioner’s case within the purview of sub-section 2 of Section 497 of the 
Code of Criminal Procedure 1898; a case for his admission to bail stands 
made out; he shall be so released upon furnishing bonds in the sum of 
Rs.500,000/- with two sureties each in the like amount to the satisfaction 
of the trial Court/duty Judge; delay in filing of petition is condoned which 
is converted in to appeal and allowed. 
 
 
 
Judge 
 
 
 
Judge 
Islamabad, the 
3rd August, 2020 
Not approved for reporting 
Ghulam Raza/- 
 
 
 
 
