Case Details

Citation(s)
2014 SLG 2723 2014 SLD 2723 2014 PLD 33
Balochistan High Court
Criminal Bail Application (After Arrest) No. 40 of 2013, decided on 30th July, 2013. heard on: 22nd July, 2013.
GHULAM MUSTAFA MENGAL, JUSTICE AND NAEEM AKHTAR AFGHAN, JUSTICE
Muhammad Ilyas Siddiqui and Zeeshan Riaz Cheema for Applicant. H. Shakeel Ahmed, Sohail Ahmed Rajput and Wajahat Khan Ghaznavi for the Complainant. Shai Haq Baloch, A.A.G., Malik Sultan Mehmood, Special Prosecutor, A.T.A. along with Muhammad Hassan Kaka

GEN. (R) SYED PERVEZ MUSHARRAF--Applicant

VS

THE STATE AND another

Law:

Section:

(a) Criminal Procedure Code (V of 1898)---.--- ---.----S. 173---.---Police report---.---Necessary ingredients---.---Three essentials of challan/report submitted by police under S.173 Cr.P.C. before Trial Court, which includes description of offence, production of accused and evidence to prove offence---.---Trial Court can start trial only when all three facts are produced before it. Arshad Husain v. State PLD 2001 Kar. 211 rel. (b) Criminal Procedure Code (V of 1898)---.--- ---.----Ss. 167, 173 & 497---.---Bail, grant of---.---More than one case---.---Investigation---.---Procedure---.---Different criminal cases were registered against accused in different provinces and after his arrest in one case, he applied for bail in other case registered in other province---.---Validity---.---Accused, under S.167, Cr.P.C., required in more than one criminal cases, when arrested was deemed to have been arrested in all cases registered against him---.---No legal bar existed for interrogating accused with regard to allegations against him in another case; it was rather desirable that when a person required or accused in more than one cases or when more than one F. I. Rs. were registered against him, was arrested and remanded to physical custody, then he should be interrogated about allegations against him in all cases---.---Different cases against accused could be investigated under S.167, Cr.P.C. by keeping him at one place---.---Once investigation was completed and challan/police report submitted under 5.173, Cr.P.C., physical custody of accused had to be forwarded to the jurisdiction of concerned court---.---Once such custody was acquired by court concerned, it could proceed with the trial and pass all ancillary orders including grant of bail---.---Concept of considering grant of bail to accused after his arrest by a court which did not have his physical custody was alien to law---.---Accused, though arrested in case in question, was not produced in custody/brought before Trial Court or within the territorial jurisdiction of Trial Court, therefore, Trial Court had rightly rejected application as being pre¬mature---.---Accused being not in custody within the…
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