| Citation(s) |
|---|
| 2010 SLG 919 2010 SLD 919 2010 PLJ 572 |
Lahore High Court
Crl. Misc. No. 205-B of 2010, decision & hearing Dated: 04.02.2010.
NASIR SAEED SHEIKH, JUSITCE
Ch. Mehmood Akhtar Khan, Advocate for Petitioner. Mr. Khurshid Ahmad Satti, A.A.G. for State.
Crl. Misc. No. 205-B of 2010, decision & hearing Dated: 04.02.2010.
NASIR SAEED SHEIKH, JUSITCE
Ch. Mehmood Akhtar Khan, Advocate for Petitioner. Mr. Khurshid Ahmad Satti, A.A.G. for State.
MUHAMMAD ISHAQ
VS
STATE
Law:
Section:
Exercise of Powers of Police Officer-- ----The Police Officer, how high so ever in rank he may be, cannot be permitted to exercise powers vested in and entrusted to a Court of law--The commands of law embodying and manifesting the principles of Rule of law cannot be allowed to be frustrated or deviated by an anxious police functionary travelling beyond the limits prescribed for him by law. PLD 2007 SC 539, PLD 2005 Lah. 470. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 295-A & 295-C--Bail, dismissal of--Held: No other fresh ground is urged or so far available to the petitioner after dismissal of his bail application by Hon'ble Supreme Court of Pakistan--Bail dismissed. THIS ORDER PASSED BY: NASIR SAEED SHEIKH, JUSITCE---.--- Muhammad Ishaq petitioner seeks bail after arrest in case FIR No. 106 dated 08.07.2009 for offences under Sections 295-A, 295-C PPC registered at Police Station City Talagang, District Chakwal. 2. The petitioner was arrested in the said case. He moved an application for being released on bail before the learned Addl. Sessions Judge which bail was declined in the earlier round of litigation and ultimately the matter went up before the Supreme Court of Pakistan and vide order dated 20.08.2009, the Hon'ble Supreme Court of Pakistan in Crl. Petition No. 571 of 2009 refused the grant of bail while expressing an opinion that no case is made out for the grant of bail to the petitioner. 3. The learned counsel for the petitioner has placed on record an order dated 11.12.2009 passed by Senior Superintendent of Police, Regional Investigation Branch, Rawalpindi to contend that on account of the order passed by the Said Police officer a fresh cause of action has arisen in favour of the petitioner as he has been exonerated by the said police officer in the order dated 11.12.2009. It appears that after disposal of the matter up-till the Supreme Court of Pakistan, the Senior Superintendent of Police, Regional Investigation Branch, Rawalpindi wrote down a detailed order dated 11.12.2009 in which he has discussed the entire evidence collected by the police during the investigation/reinvestigation of the…
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