IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Sajjad Ali Shah 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition No.96-K of 2021 
(Against the judgment dated .28.06.2021 passed by the High Court of 
Sindh in Cr. Bail Application No.S-203 of 2021) 
 
 
Ghulam Hyder 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The State 
 
…Respondent(s) 
 
For the Petitioner(s): 
Mian Taj Muhammad, ASC 
 
Ms. Abida Parveen Channar, AOR 
 
For the State: 
Mr. Hussain Khan Baloch,  
 
Addl. Prosecutor General Sindh 
 
Along with Syed Jafar Shah, DSP Tando 
Allah Yar, Javed Iqbal, SI and Idrees, SI  
 
Date of hearing: 
10.09.2021. 
 
ORDER 
 
 
 
 Qazi Muhammad Amin Ahmed, J.- The petitioner is in 
the array of accused in a case of homicide wherein one Niaz Ali was 
shot dead during the night of 11th December, 2020 within the precincts 
of Police Station B. Section Tando Allah Yar Khan. It is alleged that 
during the fateful night, the accused six in number, in the backdrop of 
a dispute over water turn, assaulted the deceased; solitary fatal shot is 
attributed to Azhar co-accused; remainder of the accused are blamed to 
have clutched the deceased whereafter he was hit on his forehead, 
bullet exiting from the rear. The petitioner has been declined bail lastly 
by the High Court vide impugned order dated 28.6.2021, leave to appeal 
wherefrom is being prayed for on the grounds that on stated facts the 
accusation called for further probe inasmuch as five persons could not 
have held the deceased without risking their own safety in the face of an 
incoming shot nor there was any necessity for such a dangerous 
exercise when, according to the prosecution itself, the deceased was 
allegedly within the reach of the accused targeting him from a short 
Criminal Petition No. 96-K of 2021 
2
distance. The bottom line is that a wider net is cast to rope the entire 
clan in a midnight affair. 
2. 
 
Heard. Record perused. 
3. 
 
Be that as it may, though named in the crime report 
alongside others of the same brotherhood, the petitioner is assigned role 
of a facilitator by holding the deceased alongside four others; the 
question is as to whether in the facts and circumstances of the case as 
alleged by the complainant himself, such facilitation was at all required, 
that too, without incurring fatal risk of being unintendedly hit by the 
shot in the darkness and as such petitioner’s culpability requires 
further probe within the contemplation of subsection 2 of section 497 of 
the Code of Criminal Procedure, 1898, paving way for his release on 
bail, particularly when his continuous detention is serving no useful 
purpose. The petition is converted into appeal and allowed; the 
appellant is admitted to bail on his furnishing bond in the sum of 
Rs.500,000/- with one surety in the like amount to the satisfaction of 
the learned trial Court. 
 
 
Judge 
 
 
 
Judge 
Karachi, the 
10th September, 2021 
Azmat/- 
