Law:

Section:

(a) Criminal Procedure Code (V of 1898)---S. 169---Release of accused when evidence is deficient---Scope and applicability of S.169, Cr.P.C.---Investigating Officer, powers of---Scope---Investigating Officer, under S.169, Cr.P.C. is only empowered to release person in custody, on executing a bond, if he reaches the conclusion that sufficient evidence or reasonable grounds are not available to justify forwarding accused to Magistrate---When there is a set of prosecution evidence on one side and defence evidence on the other, Trial Court is empowered to weigh both sets of evidence on judicial scale to rely on one and discard the other---Theme of S.169, Cr.P.C. does not admit any such power of Investigating Officer to evaluate defence evidence of accused and prefer it over prosecution evidence to declare accused innocent. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 169 & 561-A---Releasing of accused on personal bond---Administrative order, setting aside of---Inherent powers of High Court---Scope---Complainant, in the present case, was aggrieved of releasing accused by Investigating Officer against personal bond---Validity---Police officer, while taking personal bond and releasing accused, had pre-empted powers and jurisdiction of Magistrate, which amounted to flagrant violation of law and abuse of process of Court---High Court, in exercise of its inherent jurisdiction under S.561-A, Cr.P.C. had ample power to set aside even an administrative order passed under Criminal Procedure Code, 1898, if found arbitrary, fanciful, capricious or passed in colourful exercise of power---High Court, in exercise of jurisdiction under S.561-A, Cr.P.C. set aside the order passed by Investigating Officer and the same was quashed and bail of accused was cancelled--- Petition was allowed accordingly. JUDGMENT ROOH-UL-AMIN KHAN, J.---Through the instant application, petitioner Asal Mar Din, seeks quashment/cancellation of bail of respondent No.1 Farid Gul, who has been released on bail by the SHO Police Station Sabir Abad District Karak/respondent No.2 by obtaining his personal bond, in case F.I.R. No.82, dated 7-5-2013, registered under sections 337-F(i)(iv), 337-A(i)/34,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492