Law: Criminal Procedure Code (V of 1898)

Section: 561-A,60,86

Law: Penal Code (XLV of 1860)

Section: 381-A,420

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 561-A, 60 86--Pakistan Penal Code, (XLV of 1860), Ss. 381-A 420--Mechanism for issuance of process to compel appearance an accused person or anybody else through issuance of summons and warrants-Interim bail applied for--Petitioner was arrested despite of fact that he was neither nominated in FIR nor warrant was issued against him--A perusal of law shows that when any person is arrested in execution of warrant issued under Chapter-VI, the Judicial Magistrate before whom person arrested is brought, shall, at the first instance, under clause (1) of Section 86, issue direction for his removal of custody to the relevant Court, if such direction is not issued, under first proviso, if the offence is bailable or direction has been made under Section 76 of Warrant, shall take bail bonds from him by forwarding same to the Court which issued warrant and if offence is not bailable or no direction has been endorsed under Section 76 of warrant, in the case, under second proviso, the Sessions Judge concerned, subject to provisions of Section 497, Cr.P.C. and for sufficient reasons, release person on an interim bail on such bond or security as thinks fit and direct the person to appear by a specified date before Court which issued warrant and forward bond to that Court--Petition was allowed with direction to release the accused on interim bail. [Pp. 200 201] A 1993 P.Cr.L.J 738 ref. Order This petition has been filed by Abdul Wahab son Zahid Ali, resident of Khazana Sugar milla, Charsadda Road, Peshawar, for the grant of post arrest transit bail in a case registered against him, vide FIR No. 820/2020,dated 31.05.2020, under Sections 381-A/420, PPC at Police Station, Shah Dara Town, Lahore. 2. Relevant facts, as reflected from the record, are that the present petitioner was arrested by the local police of Police Station, Agha Mir Jani (Khyber Pakhtunkhwa), on 08.06.2020 in a case registered against him, vide FIR No. 626 dated 07.06.2020, under Sections 419/420/468/471/411/171, PPC in which he was granted bail by the learned Judicial Magistrate, vide order dated 11.06.2020, however, he could not be released from Jail as he was…

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