 IN THE SUPREME COURT OF PAKISTAN 
 
(Appellate Jurisdiction) 
 
 
 
PRESENT: 
MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, C.J 
MR. JUSTICE IJAZ AHMED CHAUDHRY 
MR. JUSTICE GULZAR AHMED 
 
 
CRIMINAL PETITION NO. 170 OF 2013 
 
 
 
Haseeba Taimor Afridi 
…. Petitioner 
 
Versus 
 
The State & another 
…. Respondents 
 
 
 
For the Petitioner  
 
Malik Waheed Anjum, ASC 
 
 
 
 
 
Mr. Arshad Ali Chaudhry, AOR 
 
For the State 
 
 
Mr. Asjad Javed Ghurral, Addl. P.G. 
 
 
 
 
 
a/w Mr. Imtiaz Ahmed Butt, SHO 
 
 
 
 
 
Asghar Ali, S.I. 
 
For the Complainant  
Mr. Zulfiqar Ahmed Bhutta, ASC 
 
Date of hearing   
 
05.6.2013 
 
 
ORDER 
 
 
 
Heard learned counsel for the parties.  Learned 
Additional Prosecutor General candidly conceded that so far 
prosecution has not collected incriminating evidence against the 
petitioner to justify her involvement/detention.  
 
2. 
 
We fail to understand that when there was no 
incriminating evidence as to why the police caused the arrest of 
Crl.P. 170/2013 
2 
the petitioner who is stated to be of 15 years of age and 
subsequent thereto despite of subjecting her to investigation no 
evidence was brought on record then why she was sent to 
judicial lockup.  In this behalf the Supervisory Officer, 
responsible to monitor the investigation of the subordinate 
officers, is equally responsible.  Not only this, the Magistrate 
Raja Faisal Rasheed who had been granting remand, should 
have also looked into the file instead of remanding the petitioner 
to police custody without any justification.  Under section 167 
Cr.P.C. it is the duty of the Magistrate to satisfy himself that 
there are grounds for believing that the accusation or 
information is well founded for justifying custody of an accused 
with the police.   
 
3. 
 
In the circumstances we allow ad-interim bail to the 
petitioner Haseeba Taimoor Afridi d/o Taimoor Afridi subject to 
her furnishing personal bond in the sum of Rs.5,000/- (Rupees 
five thousand) only to the satisfaction of the Ilaqua Magistrate. 
 
4. 
 
Explanation be called for from the SSP In-charge of 
Investigation, 
the 
SHO 
as 
well 
as 
the 
Investigating 
Officer/Officers, named above, to state the reason for causing 
arrest and detention of the petitioner.   
 
5. 
 
The Magistrate shall also send his explanation 
through the Sessions Judge, Rawalpindi, to explain as to why 
without adhering to the relevant provisions of law, noted 
Crl.P. 170/2013 
3 
hereinabove, in a mechanical manner police remand was 
granted permission of judicial remand was granted followed by 
judicial remand as presently she is in custody in Adiala Jail.  
Put up on 7th June, 2013. 
 
Chief Justice 
 
Judge 
 
Judge 
Islamabad 
05th June, 2013 
(Zulfiqar) 
