2021 PLP 2084 (SCMR)
ZAKIR JAFFER and another — Petitioners Versus The STATE through A.G. Islamabad and another — Respondents
| Citation | 2021 PLP 2084 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Umar Ata Bandial, Syed Mansoor Ali Shah and Qazi Muhammad Amin Ahmed, JJ |
| Parties | ZAKIR JAFFER and another — Petitioners Versus The STATE through A.G. Islamabad and another — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2021 PLP 2084 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2021 PLP 2084 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Umar Ata Bandial, Syed Mansoor Ali Shah and Qazi Muhammad Amin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2021 PLP 2084 (SCMR) (ZAKIR JAFFER and another — Petitioners Versus The STATE through A.G. Islamabad and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Kh. Haris Ahmad, Senior Advocate Supreme Court for Petitioners.
- Shah Khawar, Advocate Supreme Court for the Complainant.
Headnotes / Summary
(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).
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
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Supreme Court observed that concession of bail may be withdrawn if the accused misused it in any manner, including causing delay in the expeditious conclusion of the trial or influencing the prosecution witnesses. 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.
Judgment & Decree
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 497(1), Cr.P.C. in absence of any circumstances that may justify declining this relief to her. The prosecution has not been able to point out any such circumstance.
4. Learned counsel for the petitioner has urged that the time period of eight weeks specified in the paragraph 14 of the impugned judgment dated 23.09.2021 "to conclude the trial expeditiously preferably within eight weeks from the framing of charge" deprives the petitioner of a fair opportunity to lead his defence. We do not agree with that submission which is conjectural and without reference to facts. However, it goes without saying that the petitioners have a right of presenting their defence before the learned Trial Court and in this respect the learned Trial Court shall consider and decide their pleas in accordance with law as envisaged in Article 10A of the Constitution.
5. Accordingly without interfering with the directions given by the learned High Court in the impugned judgment dated 29.09.2021 and in the light of the observations made by us above, we convert this petition (Crl.P. No.1110 of 2021) into appeal and grant bail to the petitioner Asmat Zakir Jaffer subject to her name being retained on the ECL and her furnishing bail bonds in the sum of Rupees One Million with one surety in the like amount to the satisfaction of the learned Trial Court concerned. Needless to say that this concession of bail may be withdrawn if the petitioner misuses it in any manner, including causing delay in the expeditious conclusion of the trial or influencing the prosecution witnesses. MWA/Z-9/SC Order accordingly.