Law: Criminal Procedure Code (V of 1898)

Section: Ss. 87 & 88

  Criminal Procedure Code (V of 1898), S. 87 (1)-Thirty day limit for surrender not always necessary.   Criminal Procedure Code (V of 1898), Ss. 87 & 88 --Processes under Ss. 87 and 88 can be issued together if warrant of arrest already issued.   Bishundayal Mahton and others v. Emperor A I R 1943 Pat. 366 rel.   Criminal Procedure Code (V of 1898), S. 89-Restoration of attached property can be secured only under S. 89.   Hans Raj v. Emperor A I R 1934 Lah. 987 rel.   JUDGMENT   This Rule is directed against the judgment and order of Mr. K. Rahman Khan, Sessions Judge, Noakhali dated 30th December 1960 dismissing the appeal of the petitioner against the judgment and order of Mr. H. Rahman, Magistrate, First Class, Noakhali dated 14th September 1960 rejecting the applica tion of the petitioner for restoration of the attached land and ordering that a date shall be fixed for the sale of the attached properties in consultation with the officer-in-charge, Company ganj and also fixing 1st October 1960 as date of sale.   2.The facts are: G. R. Case No. 1167 of 1959 was started against the petitioner on a petition of complaint before the Sub -Divisional Officer, Sadar, Noakhali by complainant Noor Muhammad under sections 376, 354 and 457 of the Pakistan Penal Code and a charge-sheet was submitted against the accused peti tioner showing him as absconding.   On a prayer for warrant of arrest, it was so issued and he was produced before theCourt and sent to jail hajat. Later on he was granted bail due to illness, 13-3-59 was fixed for hearing and P. Ws. were present when the petitioner again absented himself and again a warrant of arrest was issued against him and he was re-arrested on 17-11-59. He absconded from police custody in the Sadar Hospital on 18-11-59 and the learned Magistrate issued warrant of arrest and proclamation and attach ment against the petitioner.   On 16-12-59 the petitioner was still absconding and a fresh proclamation and attachment was issued asking the O. C., Companyganj to execute the same promptly.   The petitioner was later on arrested and he was committed to the Court of Sessionsfor…