2008 PLP 595 (YLR)
SHAHZAD HUSSAIN SHAH — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 595 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Iqbal Hameed-ur-Rehman, J |
| Parties | SHAHZAD HUSSAIN SHAH — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 595 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 595 (YLR)?
The case was heard and decided by the Lahore bench comprising: Iqbal Hameed-ur-Rehman, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 595 (YLR) (SHAHZAD HUSSAIN SHAH — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.491
Report of the Bailiff showed that during raid at the police station concerned, detenu was found present in the room of Sub-Inspector of the police on a cot and no case was registered against him nor his arrest had been shown in the daily diary
No case having been registered against detenu on the basis of an undertaking, detenu could, not be detained
Detenu was set at liberty, in circumstances. Malik Abdul Aziz Kandowal for the Petitioner. Rana Ameer Ahmad Khan, A.A.-G. for the State. Muhammad Ihsanul Haq Bailiff in person.
Judgment & Decree
IQBAL HAMEED-UR-RAHMAN, J.
Vide order dated 1-8-2007, Bailiff of this Court was deputed to recover the detenu and produce him in Court today. According to the report of the Bailiff, he along with the petitioner conducted raid at the police station at 7-00 p.m. and found the detenu present in the room of Abdul Raoof, S.-I. sitting on a cot. The detenu had stated that he had been detained in the night between 30/31-7-2007, no case has been registered against the detenu nor his arrest has been shown in the daily diary. The bailiff was further told by Abdul Raoof, S.-I. that brother of the petitioner and son of the detenu, namely, Ranjha Shah, are involved in case F.I.R. No.267, dated 11-7-2007 registered under section 392 P.P.C. at Police Station, Sadar Sanghla Hill District Nankana on the supplementary statement and are nominated in the case.
2. It is stated by the learned A.A.-G. that the detenu is not required in any case and that the detenu had given a written undertaking on 29-7-2007 that he would produce the accused Ranjha Shah on 1-8-2007 as such the detenu had approached Latif, S.-I. present in Court for extending time.
3. On the other hand, learned counsel for the petitioner controverts the contentions of the learned A.A.-G. by saying that the petitioner has no brother and the detenu has no son by the name Ranjha Shah, that the detenu had been detained by respondents Nos.1 and 2 in the night between 30/31-7-2007 and he had been taken into custody from his house and that thumb impressions of the detenu on the undertaking are under force.
4. The detenu has been produced in Court. No case stands registered against him. On the basis of an undertaking, the detenu cannot be detained. In view of the same, he is set at liberty to accompany the petitioner. However, D.P.O. Nankana Sahib is directed to look into grievance of the petitioner and the detenu and submit a report to D.R. (J) of this Court to be placed on the file.
5. With the above directions, this petition stands disposed of. H.B.T/S-158/L Petition allowed.