Law: Criminal Procedure Code (V of 1898)

Section: 87,88,89512

Law: Pakistan Penal Code, 1860

Section: XLV,302,324,147,148

Criminal Procedure Code (V of 1898)-------S. 89---Penal Code (XLV of 1860), Ss. 302, 324, 147 & 148---Attachment of property of absconder---Restoration of attached property---Limitation---Application of the accused/petitioner for restoration of his attached property was dismissed on the ground of limitation---Validity---Accused who was involved in a criminal case, remained absconder for a considerable period, and proceedings under S. 88, Cr.P.C. were initiated against him and an order for attachment of his land was passed--Record transpired that the petitioner/accused was arrested and he was challaned before the trial Court to face the trial for the murder charge, whereas, the Trial was in progress---In the meanwhile, the petitioner/accused submitted an application for release of the property in question---Only ground on which the Trial Court declined to release the property in question/attached property was that the application was not submitted within the prescribed period of limitation---Period of limitation prescribed by S.89, Cr.P.C., for filing the application for restoration of the attached property is two years from the date of attachment---Date of attachment in the case of immovable property means the date on which the property was practically and physically attached on the spot in accordance with the provisions of subsection (4) in pursuance of the attachment order made under subsection (1) of S.88, Cr.P.C.--Record showed that while passing the impugned attachment order dated 20.10.2016, the Judicial Magistrate simply directed the Tehsildar concerned to attach the property in question of the petitioner/accused---Record further reflected that except the attachment of the property in question, no other steps were taken for implementation of the impugned attachment order---Impugned attachment order was neither made through the Collector of the District nor the possession of the attached property/property in question was taken from the petitioner/accused in accordance with the provisions of S.88 (4), Cr.P.C.---Admittedly, the possession of the attached property remained with the petitioner/accused during the alleged period of abscondence and even now…

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