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.1268-L of 2021 
(Against the order dated 17.08.2021 passed by the Lahore High 
Court Lahore in Crl. Misc. No. 23255-B/2021) 
 
 
Dilawar Ali 
 
…..Petitioner(s) 
 
 
 
 
 
Versus 
The State, etc.  
…Respondent(s) 
 
 
For the Petitioner(s): 
Mr. Javed Imran Ranjha, ASC (via video link Lahore) 
 
     
 
 
For the State:              
Ch. Muhammad Sarwar Sidhu,  
Addl. P.G. Punjab along with Shirjeel Awan, 
SI and M. Usman, SI 
 
Date of Hearing          
27.01.2022. 
 
ORDER 
 
 
       Qazi 
Muhammad 
Amin 
Ahmed, 
J.- 
Declined 
downstairs throughout, lastly by a learned Judge-in-Chamber of 
the Lahore High Court Lahore, vide impugned order dated 
18.07.2021, 
Dilawar 
Ali, 
petitioner 
herein, 
blamed 
to 
have 
strangulated his better half Muqaddas Bibi, survived by an infant 
daughter of 9 month, to death, seeks leave to appeal therefrom for 
admission to post arrest bail. The deceased, often complained 
maltreatment and shared agony with her parents, however, she was 
advised to exercise restraint to save the bond, a hope that withered 
away on the fateful day. Petitioner attempted to hush up the death as 
suicidal, an hypothesis seemingly contradicted by the autopsy report.  
2. 
 
Heard. Record perused. 
3. 
 
With an infant baby girl of 9 months, it is rather hard to 
entertain hypothesis of suicide by a feeding mother. Medical Office 
noted a ligature mark around the neck seemingly a complete scar, 
Criminal Petition No.1268-L of 2021 
circumference the neck between both ears; it is thick and hard with 
parchment, without there being any obliquity, that inevitably occurs in 
a case of voluntary suicide on account of sudden fall through 
gravitational pull. External as well as internal patcheal hemorrhage 
unmistakably suggest application of manual compression, a sign 
diametrically inconsistent with the plea of suicide, further confirmed 
by an intact hyoid bone.  
 
Instead of taking the police on board, petitioner preferred to avail 
remedy of ad interim pre-arrest bail, a protection hardly available to 
him under the law, however, finally recalled on 29.10.2020 and it is 
thereafter that he came up with the plea of suicide, a circumstance 
nugatory in itself. Joint abode of the spouses is a common ground and, 
thus, a statutory burden within the contemplation of Article 122 of the 
Qanun-i-Shahadat Order, 1984 is cast upon the petitioner to explain 
as to what befell upon his wife who spent the preceding night with him 
under the same roof; his failure to vindicate his position is further 
aggravated by the statements of witnesses, suggesting an ongoing 
acrimony between the spouses and, thus, constitutes “reasonable 
grounds” within the contemplation of section 497 of the Code of 
Criminal Procedure, 1898. View concurrently taken on the basis of 
aforementioned material, being within the remit of law, is not open to 
any legitimate exception. Petition fails. Leave declined.  
 
 
 
 
 
 
 
       Judge 
 
 
 
 
 
 
  
 
      Judge 
 
  
 
      Judge 
Islamabad, the 
27th January, 2022 
Azmat/- 
