IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Umar Ata Bandial 
Mr. Justice Syed Mansoor Ali Shah 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Criminal Petition No.1225 of 2021 
(Against the order dated 14.10.2021 passed by the Lahore High 
Court Lahore in Crl. Misc. No. 51549-B/2021) 
 
 
Kashif alias Wajid alias Waju 
 
 
…..Petitioner(s) 
 
 
 
 
 
Versus 
 
The State & another   
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Aurangzeb Maral, ASC 
 
     
 
 
For the State:              
Ch. Muhammad Sarwar Sidhu,  
Addl. P.G. Punjab along with Ghulam 
Muhammadm DSP, M. Irfan, SI 
 and 
Nadeem, SHO 
 
For the Complainant:              In person. 
 
Date of Hearing          
27.01.2022. 
 
ORDER 
 
 
        Qazi Muhammad Amin Ahmed, J.- Mohsin Ali Shah 
and Aftab son of Ghulam Rasool were surprised by two 
unknown assassins at their Dera, 8:00 p.m. on 31.8.2015, 
located within the precincts of Police Station Ferozwala District 
Gujranwala; incident was reported by Ghazanfar Ali Gillani,  
a nephew of Mohsin Ali Shah who gave assailants’ description, 
without citing motive for the crime.  
 
Mohsin Ali Shah deceased was survived by his daughters; 
of them, Sidra Batool came forward to record a supplementary 
statement on 7.12.2015 wherein she nominated the petitioner 
and Muhammad Farooq as suspects for the crime; she claimed 
to have herself witnessed the occurrence. Alleging complainant’s 
collaboration with Iqbal Butter co-accused, since acquitted, who 
according to her, had engaged the accused, hired assassins, to 
murder the deceased in the backdrop of election rivalry.  
Criminal Petition No.1225 of 2021 
 
Pursuant to supplementary statement dated 7.12.2015, 
the police proceeded to arrest the petitioner and effected some 
recoveries on his disclosure; it also arrayed Iqbal Butter as 
architect behind the crime, however, it is admitted at the bar 
that he has been acquitted from the charge. Blamed as hired 
assassins,  albeit with no past reflecting upon their alleged 
status, statedly employed with afore-named Iqbal Butter as his 
security guards, the Investigating Officer recovered their 
uniforms in a bid to connect them with the crime.  
2. 
 
Heard. Record perused.  
3. 
 
Prosecution case initially set up in the crime report 
by Ghazanfar Ali Gillani, no other than deceased’s nephew, is 
diametrically different from the version advanced by Sidra 
Batool PW, a real daughter undoubtedly most devastated by the 
occurrence, nonetheless, her plea that she being a Parda Nashin 
lady unsuspectingly stayed away from the investigative process 
as well as evidentiary value of her supplementary statement to 
take the petitioner on board in wake thereof are the issues that 
squarely bring petitioner’s case, for the present, within the 
purview of subsection 2 of section 497 of the Code of Criminal 
Procedure, 1898 and, thus, would be best settled after recording 
of evidence during the trial, already in progress, in view whereof, 
it would be unconscionable to keep the petitioner in custody, 
particularly when it is not serving any useful purpose, relative to 
investigation. Petition is converted into appeal and allowed; the 
appellant/petitioner shall be released on bail upon furnishing of 
a bond in the sum of Rs.500,000/- with one surety in the like 
amount to the satisfaction of the trial Court.  
 
 
 
Judge 
 
 
Judge 
 
 
Judge 
Islamabad, the 
27th January, 2022 
Azma/- 
