IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT:  
MR. JUSTICE MUNIB AKHTAR 
MR. JUSTICE QAZI MUHAMMAD AMIN AHMED 
 
 
 
 
Criminal Petition No.1303 of 2021 
(Against the order dated 01.10.2021 passed by the 
Islamabad High Court Islamabad  in Crl. Misc. No. 
931-S/2021) 
 
 
Mst. Kainat Bibi 
… Petitioner(s) 
Vs 
 
The State and another  
… 
Respondent(s) 
 
 
 
For the Petitioner(s)  
: 
Mir Afzal Malik, ASC 
 
 
 
For the State 
 
 
For the Respondent(s) 
: 
 
 
: 
Mr. Niaz Ullah Khan Niazi, 
Advocate General, Islamabad with 
Nawaz, I.O. 
Mr. Khurram Masood Kiani, ASC 
 
Date of Hearing 
: 
09.12.2021 
 
 
 
 
 
ORDER 
 
 
 
 
 
Qazi Muhammad Amin Ahmed, J.:- Behind bars 
since, 24.4.2021, the petitioner, a maid employed in a household 
within the precincts of Police Station Shalimar Islamabad, was 
suspected by her employer to have stolen gold ornaments valuing 
Rs.2.5 million; during investigation, pursuant to her disclosure, 
she led to the recovery of some of the stolen articles. 
She has been denied bail throughout, lastly by a learned 
Judge-in-Chamber of the Islamabad High Court vide impugned 
order dated 01.10.2021, an order, strenuously defended by the  
learned Advocate General Islamabad on the ground that trial, 
being in progress with an accelerated pace is likely to conclude 
soon and, thus, it would be rather inexpedient to release her near 
fag-end of the case. 
2. 
 
Heard. Record perused. 
3. 
 
Be that as it may, offences complained do not fall 
within the prohibitory clause of section 497 of the Code of Criminal 
Procedure, 1898. Doors for petitioner’s release, being a female with 
Cr.P.1303/2021 
-:2:-
no past record, are statutorily wider and, thus, her continuous 
detention, is certainly serving no useful purpose.  
Evidentiary value of recovery dated 25.4.2021, allegedly 
attributed to the petitioner, au fait, accomplished by a male police 
officer in violation of subsection 5 of section 176 of the Code ibid is 
to be best adjudged during the trial inasmuch as the petitioner was 
taken into custody on 24.4.2021 and could not be held in police 
custody in violation thereof. A case for grant of bail stands made 
out. Petition is converted into appeal and allowed. Appellant/ 
petitioner is admitted to post arrest bail on her furnishing bond in 
the sum of Rs.50,000/- with two sureties in the like amount to the 
satisfaction of the learned trial Court.   
 
 
Judge 
Judge 
Islamabad, the 
9th December, 2021 
Azmat/* 
