2010 P Cr (PLP)
QASIR JAVED — Petitioner Versus S.H.O., POLICE STATION SADDAR JHELUM and another — Respondents
| Citation | 2010 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | QASIR JAVED — Petitioner Versus S.H.O., POLICE STATION SADDAR JHELUM and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 P Cr (PLP) (QASIR JAVED — Petitioner Versus S.H.O., POLICE STATION SADDAR JHELUM and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Raja Zulfiqar Ahmad for Petitioner.
Headnotes / Summary
Ss. 491 & 497
Protective bail--Both the detenus were found detained at the police post by the Bailiff without mentioning their names in the Roznamcha
However, the detenus were mentioned in the Roznamcha maintained at the Police Station, wherein they were stated to have been arrested in an F. I. R. registered under S.460, P.P.C, but they were not mentioned in the F.I.R.
Illegal detention of both detenus by police of the police post was established by the police record and also by the report of the Bailiff
Protective bail was granted to the detenus in the offence alleged against them in the aforesaid F.I.R. till a specified date to enable them to approach the relevant court, in circumstances.
Judgment & Decree
ASAD MUNIR, J.
Detenus have been produced and report has been submitted by the Bailiff.
2. According to the Bailiff report, when he raided Police Post Kala Gujran, District Jhelum, at 4-30 p.m. on 15-10-2009, Mushtaq Ahmad detenu son of Munawar Hussain was found chained with a cot while other detenu namely Ali Ahmad son of Muhammad was found in hand-cuffs and fetters. Roznamcha of Police Post was also taken into possession by the Bailiff which does not include names of the two detenus. Muhammad Ishaque Incharge Police Post told the Bailiff that there is no mention of the detenus in the Roznamcha kept in the Police Post but that the two detenus are mentioned in the Roznamcha maintained at Police Station Sadar, Jhelum wherein it is stated that two detenus have been arrested in F.I.R. No.444 dated 24-9-2009 under section 460, P.P.C. In the meantime Tahir Bashir DSP and Irfan Jilani, Incharge Police Station Sadar Jhelum arrived there who handed over copy of the F.I.R. No.444 dated 24-9-2009 and copy of Rapt No.12 dated 15-10-2009 showing that the arrest of the detenus was made on 15-10-2009. There is no mention of the detenus in the said F.I.R. Both the detenus told the Bailiff that they have been detained in the Police Post since 12-10-2009.
3. It is evident from police record and also from the Bailiff report that both the above said detenus were kept under illegal detention by the Police of Police Post Kala Gujran, District Jhelum.
4. Let copy of this petition along with the order of even date be sent to DPO, Jhelum who shall look into the matter thoroughly and shall initiate the proceedings against the delinquent (s) under intimation to this Court within a fortnight.
5. In the meantime both the detenus namely Ali Ahmad and Mushtaq Ahmad are granted protective bail in all the offences alleged against them in F.I.R. No.444 of 2009 subject to furnishing their bail bonds in the Rs.25,000 each with two sureties each in the like amount to the satisfaction of Deputy Registrar (J) of this Court till 23-10-2009 enabling them to approach the relevant Court. Thereafter this order shall expire automatically. N.H.Q./Q-15/L Petition accepted.