Law: Pakistan Penal Code, 1860

Section: 392

Law: Criminal Procedure Code (V of 1898)

Section: 46,61,157,167,498

Law: Police Rules, 1934

Section: 25,26

Criminal Procedure Code (V of 1898)---   ----Ss. 498, 61, 167, 46 157---Penal Code (XLV of 1860), S.392---Police Rules (1934), R.26-25---Police Order (22 of 2002), Preamble---Constitution of Pakistan, Arts. 199 10---Constitutional petition-Detenu-accused, recovery of---Detenu accused who was involved in a criminal case registered under S. 392, P.P.C. was admitted in hospital in injured condition and his arrest was kept pending by the police---Validity---If an accused was apprehended and kept under surveillance then it could not be said that his arrest was not made and was deferred---Accused-detenu was neither produced before the Magistrate within 24 hours of his arrest nor the Investigation Officer had made a request to the Magistrate for examining him at hospital and recording his statement and had kept his arrest pending without any legal justification---Detention of accused-detenu was declared illegal and District Police Officer was directed to proceed against the delinquent police personnel under Police Rules, 1934, Police Order, 2002 and Pakistan Penal Code, 1860---Detenu was the nominated accused and in order to enable him to approach the concerned court, he was granted ad interim protective pre arrest bail---Petition was disposed of. ORDER SYED IFTIKHAR HUSSAIN SHAH, JUSTICE:---.--- Through this constitutional petition, petitioner Bashiran Bibi has sought the recovery of his son namely Raheem Bakhsh from the illegal and improper confinement of the respondents and his production in the Court. 2. On the application of Mst. Bashiran Bibi petitioner, Bailiff of this Court was deputed to recover and produce Raheem Bakhsh son of the petitioner in the Court, who was allegedly detained by the respondents. 3. The Bailiff has submitted his report stating therein that when he was on his way to Police Station Kot Sabzal for the recovery of the alleged detenue, he was informed about the presence of the alleged detenue at DHQ Hospital Sadiqabad. He visited the said hospital and found Raheem Bakhsh in male ward, who was hand-cuffed and was under the surveillance of Muhammad Idrees constable. The alleged detenue informed the Bailiff that he was arrested by Arif…

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