IN THE SUPREME COURT OF PAKISTAN  
(Appellate Jurisdiction) 
 
 
PRESENT:  
MR. JUSTICE MAQBOOL BAQAR 
MR. JUSTICE YAHYA AFRIDI 
MR. JUSTICE QAZI MUHAMMAD AMIN AHMAD 
 
 
Criminal Petition No.989 of 2021 
(Against the judgment dated 2.7.2021 passed by the 
Peshawar High Court Peshawar in Cr. Misc. (B.A.) 
No.422-M/2021) 
 
 
 
 
Ejaz Ahmad and another  
 
 
 
 
 
…Petitioner(s) 
                                        VERSUS 
 
 
The State and another  
 
  
 
 
 
…Respondent(s) 
 
 
 
For the Petitioner(s): 
Mian Abdul Rauf, ASC 
 
 
For the Respondent(s): 
Mr. Shumail Aziz, Addl. A.G. KP with 
Ziarat, I.O. 
 
 
Date of Hearing: 
29.09.2021 
 
 
 
 
 
     O R D E R 
 
 
 
Qazi Muhammad Amin Ahmed, J.- Mst. Tasleem Bibi is 
blamed by the complainant, no other than her father, to have married with 
Ejaz Ahmed, co-accused during the subsistence of her first marriage with 
one Noorullah; both of them are behind the bars, lastly denied bail by a 
learned Judge-in-Chamber of the Peshawar High Court, Mingora Bench 
Swat, vide impugned order dated 2.7.2021.  
 
 
Mian Abdul Rauf, ASC contends that Mst. Tasleem Bibi 
vehemently denies her alleged nuptial bond with Noorullah PW and had 
competently married with Ejaz Ahmed co-accused of her free will and volition 
by exercising discretion vesting in her both under the divine as well as 
municipal law; he further contends that the edifice of first marriage is resting 
upon an oral Nikah and in the absence of any judicial declaration jactitating 
the alleged marriage, it would be inexpedient to detain the couple, 
Crl. Petition No.989/2021 
 
particularly when it is serving no useful purpose. The learned Law Officer 
has contested the plea.  
2. 
 
Heard. Record perused. 
3. 
 
Be that as it may, without touching upon the merits of the plea 
raised before us, having regard to the peculiar facts and circumstances of 
the case, we would prefer to direct that the trial be concluded within a period 
of three months; it shall be held in jail premises while enabling the accused 
to arrange their representation through a counsel of choice, in the event of 
incapacity to arrange a lawyer, the Presiding Officer shall provide them a 
counsel at State expense so as to positively conclude the trial within the 
stipulated time frame. Disposed of.   
 
 
 
 
 
 
 
 
 
 
 
JUDGE 
 
 
 
JUDGE 
 
 
 
JUDGE 
ISLAMABAD 
29th September, 2021 
Ghulam Raza/* 
“Not approved for Reporting” 
 
 
