Law: Criminal Procedure Code (V of 1898)

Section: 491

(a) Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas corpus---Scope---Police Officer had appeared before the Court and had submitted detailed report, according to which complainant got recorded his supplementary statement against the alleged detenu for his involvement in a case FIR registered under S. 392, P.P.C.---Report further revealed that alleged detenu was arrested and his physical remand was obtained and the Judicial Magistrate directed the Investigating Officer to produce the accused before the Court on the date fixed---Validity---Record transpired that in supplementary statement complainant had not described any source qua the involvement of the alleged detenu in the case rather it had been mentioned that the complainant had come to know through reliable and different sources that the alleged detenu was involved in the case---No cogent and convincing evidentiary material was available against the alleged detenu on file---Record further showed that there was no date mentioned in any case diary when the alleged detenu was arrested by the police---Judicial Magistrate was under obligation to perform his duty in accordance with law because liberty of a person was involved in the case and it was incumbent upon Judicial Magistrate that while allowing the physical remand of the alleged detenu it was his prime duty to go through the evidentiary material collected by the police and presented before it but he overlooked that aspect of the matter and passed the remand order in mechanical manner, without observing the law on the subject---Thus, the order passed by the Judicial Magistrate for the physical remand of the alleged detenu was declared to be without lawful authority and the same was set aside---Petition filed under S. 491, Cr.P.C. was converted into S. 497, Cr.P.C. and the alleged detenu was admitted to post-arrest bail in circumstances--- With the said observations, the petition was disposed of. Saeed Ahmad v. Station House Officer Police Station Saddar, Sangla Hill 2013 PCr.LJ 1240; Iftikhar Ali v. District Police Officer, Nankana Sahib and 2 others 2009 YLR 1971; Ishrat alias Shaista v. Station House Officer 2012 MLD 507; Abid Ali v. Safdar…

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