1993 P Cr (PLP)
AJMAL BADSHAH — Petitioner Versus THE STATE — Respondent
| Citation | 1993 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | AJMAL BADSHAH — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1993 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 P Cr (PLP) (AJMAL BADSHAH — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Amin for Petitioner.
- 2. I have heard the learned counsel for the petitioner and M. Sardar Khan, Advocate-General for the State. The record of the case also perused.
Headnotes / Summary
S. 86
Penal Code (XLV of 1860), 5.324
Accused although had been kept in judicial lock-up for his onward transfer to the Court issuing his warrant of arrest, but no arrangement in this behalf had been made despite a lapse of about two months
Accused was released on interim bail in circumstances with the direction to him to appear before the concerned Court for further proceedings in accordance with law.
Judgment & Decree
Muhammad Amin for Petitioner. M. Sardar Khan, A: G., N.-W.F.P. for the State. Date of hearing: 11th February, 1992. Amin Badshah, resident of Speen Khawany, Tehsil Hangu, District Kohat, a student of 3rd Year Technology College, Multan, charged for an offence under section 324, Qisas and Diyat Ordinance, 1991, in F.I.R. No.384, dated 12-10-1991 of Police Station Mumtaz Abad, Multan, was arrested by the police of Police Station Mumtaz Abad, Multan from Hangu Tehsil in pursuance of a warrant issued under section 204, Cr.P.C. He was produced before M.O.D. Hangu who confined the petitioner in the judicial lock-up Hangu (Kohat) for arranging his transfer to Multan by the Punjab Police. As the petitioner was not so removed, therefore, he made an application for his release on bail under section 86, Cr.P.C. in the Court of Sessions Judge, Kohat who vide order, dated 8-1-1992 rejected the same, hence this application.
2. I have heard the learned counsel for the petitioner and M. Sardar Khan, Advocate-General for the State. The record of the case also perused. It is not denied that a case under section 324, Qisas and Diyat Ordinance was registered against the accused/petitioner vide F.I.R. No.384, dated 12-10-1991 for having effectively fired at Chaudhery Basharat and that he was arrested in execution of a warrant under section 204, Cr.P.C. issued by Ilaqa Magistrate of Police Station Mumtaz Abad, Multan. The accused I petitioner has been kept in judicial lock-up for his onward transfer to Multan. Strangely enough since 15-12-1991 uptil now so far no arrangement has been made to remove him in custody to the Court issuing the warrant of arrest. The learned counsel for the petitioner, therefore, has prayed that the petitioner be released on interim bail so that he may approach the proper Court for he release on bail because the annual examination will take place m March, 1992. There is force in the contentions of the learned counsel for the petitioner on fact and circumstances of the case. This application is therefore, allowed. The accused-petitioner is ordered to be released on interim bail in the sum of Rs.20,000 with two sureties each in the like amount to the satisfaction of any Magistrate 1st Class, Hangu who shall then forward the bond to the Court issuing warrant of arrest for further proceedings in accordance with law. The accused-petitioner shall also be directed to appear before the Court concerned at Multan on or before 29-2-1992. N.H.Q./1441/P Interim bail granted.