IN THE SUPREME COURT OF PAKISTAN 
(Review Jurisdiction) 
 
PRESENT: 
Mr. Justice Umar Ata Bandial 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
Jail Petition No.255 of 2017 
(Against judgment dated 23.01.2017 passed by the 
Lahore High Court Multan Bench Multan in 
Criminal Appeal No.706 of 2011 along with M.R. 
No.5 of 2011) 
 
Nasir Abbas alias Nasiri 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
The State 
 
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. 
Muhammad 
Sharif 
Janjua, 
ASC/AOR 
 
 
 
 
For the State: 
Mr. Ahmed Raza Gillani 
 
Addl. Prosecutor General Punjab 
 
 
Date of hearing: 
27.04.2020. 
 
ORDER 
 
 
 
Qazi Muhammad Amin Ahmed, J.- Nasir Abbas alias 
Nasiri, tried alongside acquitted co-accused for homicide, was returned 
a guilty verdict by the trial Court vide judgment dated 30.04.2011, 
upheld, albeit with alteration of death penalty, vide impugned 
judgment dated 23.01.2017, vires whereof, are being assailed through 
Jail Petition No.255 of 2017, barred by 41 days, condoned in the 
interest of justice. It is alleged that on the fateful day i.e. 07.08.2008, 
within the precincts of Police Station Saray Sidhu District Khanewal, 
with a view to restrain him from deposing in a murder case, he 
repeatedly shot Muhammad Aslam, deceased, accompanied by 
companions that included his son Muhammad Aamir PW; co-accused 
were blamed for conspiracy as well as facilitation. 
 
Mr. Muhammad Sharif Janjua, ASC, at State expense, contends 
that there is inordinate delay between the occurrence and postmortem 
examination, suggesting the incident being an un-witnessed affair, 
details whereof, were discovered and deliberated subsequently; while 
highlighting the role assigned to the acquitted co-accused, he argued 
that though somewhat inconsequential, nonetheless, was indivisible 
inasmuch as two of them had allegedly clutched the deceased before he 
Jail Petition No.255 of 2017  
2
was repeatedly shot on the opposite sides of his body and, thus, 
prosecution’s failure qua the co-accused goes a long way to tremor the 
entire structure; he has further referred to massive improvements in 
graduation of number of accused as well as manner of occurrence to 
argue that it would be unsafe to maintain the conviction particularly in 
the backdrop of ongoing blood feuds inter se the parties. Leave to 
appeal is granted to appraise entire evidence to ensure safe 
administration of criminal justice.  
 
 
 
Judge 
 
 
 
 
Judge 
Islamabad, the 
27th April, 2020 
Not approved for reporting 
Azmat/- 
