Mst. Kainat Bibi vs The State and another
The petitioner, a female domestic maid, sought post-arrest bail after being incarcerated since April 24, 2021, on allegations of stealing gold ornaments valued at Rs. 2.5 million, with a subsequent recovery allegedly made based on her disclosure. Her bail applications were previously dismissed by the lower courts, with the last refusal coming from the Islamabad High Court. The core legal question concerned the entitlement of a female accused to post-arrest bail where the alleged offence falls outside the prohibitory clause of the relevant procedural law and questions arise regarding the legality of a police recovery and prolonged detention. The Supreme Court of Pakistan held that since the offences did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure, 1898, and considering her status as a female with no criminal record, her continued detention served no useful purpose, particularly given potential procedural irregularities in the recovery conducted by a male police officer. The Court laid down the principle that statutory concessions for the release of female accused persons in non-prohibitory offences warrant a lenient approach toward post-arrest bail, and consequently converted the petition into an appeal and allowed it.
- Is a female accused entitled to post-arrest bail when the charged offences do not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Does the statutory framework provide wider doors for the release of a female accused with no past criminal record?
- What is the effect of conducting a recovery from a female accused in alleged violation of Section 167(5) of the Code of Criminal Procedure 1898 at the bail stage?
- Section 497, Code of Criminal Procedure 1898
- Section 167(5), Code of Criminal Procedure 1898
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 concl ude 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 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 fate, accomplished by a male police officer in violation of subsection (5) of section 167 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 conve rted 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.
Cited by 2 cases
- Mst. Yasmeen W/o Zulfiqar Ali vs The State 2024 SHC 836
- Mst. Yasmeen Versus State 2025 YLR 2124