Law: Code of Criminal Procedure (CrPC), 1898

Section: 491

Criminal Procedure Code (V of 1898)-------S. 491---Police Rules, 1934, R. 26.21(6)---Habeas corpus---Illegal arrest--Complainant sought recovery of his son from the custody of police---Police Officer had appeared before the Court and had submitted that the detenu was arrested in connection with a case initially registered under S.381-A, P.P.C---Record transpired that earlier the detenu applied for his ad-interim pre-arrest bail in the said criminal case, which was confirmed by the Court---Investigating Officer thereafter, added offences under Ss.420, 468 & 471, P.P.C, in the case and arrested the detenu--Validity---Arrest of the accused, in blatant contravention of R. 26.21(6) of the Police Rules, 1934, and the principles enshrined within legal edifice, was both untenable and impermissible---Essence of justice demanded that once a Court had granted bail, pre-arrest or post-arrest, considering the gamut of facts and allegations, such a decision must be respected and could not be superseded by subsequent police action without first seeking judicial recourse for the cancellation of said bail---To uphold otherwise would be to sanction a travesty of justice, undermining both the authority of the judiciary and the rights of the accused--Sanctity of bail, granted after due deliberation of all pertinent facts, must remain inviolable, thereby reinforcing the paramountcy of the judiciary in the preservation of justice and the rule of law---Police Officer, by arresting the detenu without adhering to the proper legal channels, had not only disregarded the authority of the Court but also violated the rights of the detenue as enshrined under the law--Therefore, the arrest of the detenu was patently illegal having no legal justification--Petition was disposed of by declaring the arrest of the dentenu illegal.Waqar v. Chairman NAB, Islamabad PLD 2015 Sindh 295; Pradeep Ram v. The State of Jharkhand AIR 2019 SC 3193 and Hidayat Ullah Khan s case PLD 1949 Lah. 21 =AIR 1949 Lah. 77 ref.JUDGMENTALI ZIA BAJWA, J.--- Through this Habeas Petition filed under Section 491 of the Code of Criminal Procedure, 1898 (hereinafter the Code ), the petitioner seeks the recovery of his son,…

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