Law: Criminal Procedure Code (V of 1898)

Section: 61,167,344

Law: High Court (Lahore) Rules and Orders

Section: Vol.III,Chap.II,PartB,R.7

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 397

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 61, 167 & 344---Penal Code (XLV of 1860), S.397---High Court (Lahore) Rules and Orders Vol.III, Chap. II, Part B, R.7---Constitution of Pakistan, Art.199---Robbery---Constitutional petition---Detention of accused by police, extension of physical remand of accused by Magistrate---Scope, limitations and grounds---Section 61, Cr.P.C stipulates that a police officer cannot detain a person in custody for more than twenty four hours in the absence of a specific order of Magistrate under S.167, Cr.P.C---Section 167, Cr.P.C enables a Magistrate to pass an order extending the detention of an accused for a term not exceeding fifteen days and he has to record his reason for doing so---Section 344, Cr.P.C postulates that no Magistrate shall remand an accused person to custody for a term exceeding fifteen days at a time and if sufficient evidence has been obtained to raise suspicion that accused might have committed an offence and it appears likely that further evidence may be obtained by a remand, it is a reasonable cause for remand. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 167 & 344---High Court (Lahore) Rules and Orders Vol.III, Chap. II, Part B, R.7---Constitution of Pakistan, Arts. 9, 10 & 199---Robbery---Constitutional petition---Remand of accused---Scope and principles---Security of person, safeguards as to arrest and detention---Remand is not to be granted mechanically on the request of the police, rather a Magistrate is expected to perform his duty with eyes and ears open as required under the law after judicious application of mind and not in a perfunctory manner---Before granting a remand, Magistrate is under a legal obligation to satisfy himself if under the circumstances remand is to be granted or not---Liberty of an accused cannot be compromised merely on a formal request of police and it is the sacred duty of a Magistrate to safeguard the fundamental rights of life and liberty of a person. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 167 & 344---Penal Code (XLV of 1860), S. 397---High Court (Lahore) Rules and Orders Vol.III, Chap. II, Part B, R.7---Constitution of Pakistan,…

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