Law: Criminal Procedure Code (V of 1898)

Section: 561-A,497(5)

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 302,324,34

(a) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), Ss.302, 324 & 34---Releasing accused on personal bonds---Accused was released by S.H.O. of concerned Police Station on personal bonds---S.H.O. had acted in utter disregard of law in releasing accused on personal bond as he was vested with no legal authority to release accused on his personal bonds---High Court while exercising jurisdiction under S.561-A, Cr.P.C., held the said order of S.H.O. to be unsustainable. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497(5) & 561-A---Constitution of Pakistan (1973), Art.199---Bail, cancellation of---Court granting bail or the Court of Session or High Court, could recall order of grant of bail, but where bail was granted by police, that too on personal bonds, would not be amenable to jurisdiction under S.497(5), Cr.P.C., but to the jurisdiction of High Court either exercising inherent jurisdiction or jurisdiction vested in it under Constitution. 1994 PCr.LJ 1166; 1996 PCr.LJ 1987 and AIR 1933 Sindh 331(2) ref. JUDGMENT TARIQ PARVEZ KHAN, C J.---My this order shall dispose of two connected matters, one Criminal Revision No.206 of 2005 filed by Esa Khan where he has challenged the order dated 13-12-2003 of learned Additional Sessions Judge-V at Peshawar, who has ordered that Esa Khan be taken into custody immediately, while the second matter is Cr.Q.P. No.106 of 2006 where Nawab Khan complainant seeks setting aside of action taken by respondent No.2 i.e. S.H.O. Police Station Badaber, who had released Esa Khan respondent but on personal bonds. 2. Short facts of the case are that Haider was killed and for his murder Esa Khan, Karamat, Mir Nawaz and Israil were charged. In due course of investigation and after proceedings were initiated against the charged accused under section 204 Cr.P.C. read with sections 87/88, Cr.P.C. Mir Nawaz and Karamat accused were arrested. However, Esa Khan accused was released by the police on personal bonds on 6-8-2004 by the S.H.O. of Police Station concerned. 3. It appears from the record that although Esa Khan was directly charged in the F.I.R. made on 26-6-2003 but because he was serving in the…

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