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 Nos. 1109 and 1110 of 2021 
(On appeal from the judgment/order dated 29.09.2021 of the 
Islamabad High Court passed in Crl. Misc. 884-B,884-
B/2021).  
 
 
Zakir Jaffer  
(in Crl.P. 1109/2021) 
 
Asmat Zakir Jaffer  
(in Crl.P. 1110/2021)  
…Petitioner(s)  
Versus 
 
The State through A.G. Islamabad and 
another  
(in both cases)   
…Respondent(s) 
 
 
 
 
For the Petitioner(s) 
: Kh. Haris Ahmad, Sr. ASC 
 
 
  
For the State  
: Mr. Niazullah Khan Niazi, AG ICT 
a/w Abdul Sattar, Inspector  
Mr. Shabbir Tanoli, SHO 
 
  
Complainant  
: Mr. Shah Khawar, ASC 
 
  
Date of Hearing 
: 18.10.2021 
 
O R D E R 
 
 
 
 
UMAR ATA BANDIAL, J.-  Crl.P.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. 
 
Crl.P. No. 1110 of 2021: We have heard the 
arguments of the learned counsel for the petitioner Asmat 
Crl.P. 1109 of 2021 etc. 
2
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.  
Crl.P. 1109 of 2021 etc. 
3
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.  
 
    
      
 
    
Judge   
 
 
 
 
 
 
 
 
Judge 
 
 
Islamabad 
18.10.2021 
Naseer  
Judge 
 
Not approved for reporting  
 
 
 
 
