| Citation(s) |
|---|
| 2021 SLG 1162 2021 SLD 1162 2021 SCMR 2084 |
Supreme Court of Pakistan
Criminal Petitions Nos. 1109 and 1110 of 2021, decided on 18th October, 2021, Date of hearing: 18th October, 2021. (On appeal from the judgment/order Dated 29.09.2021 of the Islamabad High Court passed in Crl. Misc. 884-B, 884-B of 2021).
UMAR ATA BANDIAL, JUSTICE, SYED MANSOOR ALI SHAH, JUSTICE, QAZI MUHAMMAD AMIN AHMED, JUSTICE
Kh. Haris Ahmad, Senior Advocate Supreme Court for Petitioners. Niazullah Khan Niazi, AG ICT along with Abdul Sattar, Inspector and Shabbir Tanoli, SHO for the State. Shah Khawar, Advocate Supreme Court for the Complainant.
Criminal Petitions Nos. 1109 and 1110 of 2021, decided on 18th October, 2021, Date of hearing: 18th October, 2021. (On appeal from the judgment/order Dated 29.09.2021 of the Islamabad High Court passed in Crl. Misc. 884-B, 884-B of 2021).
UMAR ATA BANDIAL, JUSTICE, SYED MANSOOR ALI SHAH, JUSTICE, QAZI MUHAMMAD AMIN AHMED, JUSTICE
Kh. Haris Ahmad, Senior Advocate Supreme Court for Petitioners. Niazullah Khan Niazi, AG ICT along with Abdul Sattar, Inspector and Shabbir Tanoli, SHO for the State. Shah Khawar, Advocate Supreme Court for the Complainant.
ZAKIR JAFFER AND ANOTHER
VS
THE STATE THROUGH A.G. ISLAMABAD AND ANOTHER
Law: Penal Code (XLV of 1860)
Section: 109,201,511,176,118
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Criminal Procedure Code (V of 1898)
Section: 497(1)
Penal Code (XLV of 1860)--- ----Ss. 109, 201, 511, 176 118--- Constitution of Pakistan, Art. 185(3)---Criminal Procedure Code (V of 1898), S. 497(1), first proviso---Abetment, causing disappearance of evidence of offence, or giving false information to screen offender, omission to give information to police---Bail, grant of---Female accused---High Court while denying post-arrest bail to accused-lady failed to deal with the prosecution case against her and the pleas advanced by her counsel for grant of bail--- Furthermore accused being a woman may be granted bail under the first proviso to S. 497(1), Cr.P.C. in absence of any circumstances that may justify declining such relief to her---Prosecution had not been able to point out any such circumstance---Petition for leave to appeal was converted into appeal and allowed, the accused was granted bail subject to her name being retained on the Exit Control List (ECL)---Supreme Court observed that concession of bail may be withdrawn if the accused misused it in any manner, including causing delay in the expeditious conclusion of the trial or influencing the prosecution witnesses. ORDER UMAR ATA BANDIAL, J.--- Criminal Petition No.1109 of 2021: After arguing his case at length, learned counsel for the petitioner Zakir Jaffer does not press this petition for bail after arrest. Dismissed as not pressed. 2. Criminal Petition No. 1110 of 2021: We have heard the arguments of the learned counsel for the petitioner Asmat Zakir Jaffer in this petition for bail after arrest and noted that the learned High Court has in its impugned judgment dated 29.09.2021 failed to deal with the prosecution case against her and the pleas advanced by her counsel for grant of bail after arrest. 3. Be that as it may, without going into the merits of the case, we consider that the petitioner being a woman may be granted bail under the first proviso to section…
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