Law: Criminal Procedure Code (V of 1898)

Section: 466

Law: Penal Code (XLV of 1860)

Section: 302,324,34

(a) Criminal Procedure Code (V of 1898)--- ----S. 466---Penal Code (XLV of 1860), Ss. 302, 324 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Release of lunatic, pending trial---Scope---Application filed by the petitioner under S. 466(1), Cr.P.C. for his release and handing over his custody to his father till he recovered from his unsoundness of mind, was dismissed---Scope---Record showed that petitioner, who along with his co-accused was involved in case FIR registered under Ss. 302, 324 34, P.P.C. for committing the murder of deceased and causing injuries to another person, was found to be of unsound mind and incapable of making his defence before Trial Court, which postponed the proceedings and the petitioner was directed to be shifted to Mental Hospital Lunatic Asylum---Validity---Facts and circumstances of the case, prima facie, showed that the petitioner was not mentally fit and was of unsound mind and so it was not possible for him to understand the proceedings of the trial, thus, the petitioners case was fully covered by subsection (1) of S. 466, Cr.P.C.---Criminal revision was accepted by setting aside the impugned order to the extent of dismissal of application of the petitioner for his release and as a sequel of, petitioner was directed to be released on security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person and for his appearance when required by the court. (b) Administration of justice--- ----When the law requires a thing to be done in a particular manner then that thing must be done in that manner alone or not at all. JUDGMENT SARDAR MUHAMMAD SARFRAZ DOGAR, J.--- Since common question of law is involved in both the above-captioned revision petitions, therefore, this single order shall dispose of above titled revision petitions filed by the petitioners, namely, Muhammad Waqas and Rana Sardar Ahmad, respectively in terms of section 435/439, Cr.P.C. calling in question the vires of order dated 14.11.2017 passed by the learned Additional Sessions Judge, Khanewal, whereby the application filed by Muhammad Waqas petitioner for release of accused under…

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