Law:

Section:

The petitioners alongwith others, after having been implicated in criminal case registered through FIR No.1038, dated 10.11.2015, under Sections, 186, 224, 225, 324, 341, 353, 148, 149 PPC, read with Section 7 of Anti-Terrorism Act, 1997, at Police Station, Sadiq Abad, District Rawalpindi, were arrested by the local police on the event of refusal of their pre-arrest bail by the learned Judge, ATC-II, Rawalpindi, on 14.12.2015, and after completion of twenty-four hours with the police, the accused persons, namely, Raja Waheed Mehfooz, Raja Nasir Mehfooz and Raja Yasir Khan, were produced before the learned Judge, ATC-II, Rawalpindi, with a request of having their physical remand. The learned Judge by means of following two lines order dated 15.12.2015, granted 15-days physical remand of the accused persons to the police:- "Court is of the view that 15 days physical remand is justified. Application is, therefore, allowed. The accused are ordered to be produced on 30.12.2015." 2. The petitioner, through the present Constitutional petition, has called in question the legality of the above-referred order of the learned Judge, ATC-II, Rawalpindi, by maintaining that the same is in complete negation of the settled principles provided for the Courts granting physical remand of the accused persons involved in a criminal case. Further contended that, Ghulam Khan, the alleged injured person in the offence reported through the present criminal case, got recorded his statement under Section 164 Cr.P.C., whereby none of the accused persons, who were handed over to the police on physical remand by the learned Judge, were implicated by the said injured person. Also submitted that, Mst. Abida, the other person, who allegedly received injuries as a result of alleged firing by the accused persons, also disowned the allegations against the petitioner and other accused persons. The said lady also appeared before this Court in confirmation of her such stated stance. The principles provided in Section 167 Cr.P.C are, in fact, the guidelines for the Court before whom accused persons in criminal cases, are produced for physical remand. In addition to other requirements, it is a…

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