Law: Criminal Procedure Code (V of 1898)

Section: 167, 344, 497

Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 10, 11

(a) Criminal Procedure Code (V of 1898) Ss. 167 & 344-Remand-Contention that after initial order under S. 167, Cr. P. C. by a Magistrate, Sessions Judge, being trial Court, also competent to pass order for further remand of petitioner to custody under S. 344, Cr. P. C. contention, held, correct. Yaqoob Khan v. State 1979 P Cr. L J 1069 eel. (b) Criminal Procedure Code (V of 1898) S. 344 read with Offence of Zina (Enforcement of Hudood) Ordi nance (VII of 1979), Ss. 10 & 11-Remand, judicial--Provisions of S. 344, Cr. P. C. prohibiting postponement sine die of proceedings---Not in terms applicable to cases before Court of Session. Saleem Akhtar v. State P L D 1980 Lah. 127 rel. (c) Criminal Procedure Code (V of 1898) S. 497-Bail, grant of---Mere delay in submission of challan or prosecution of cases--Per se no ground for grant of bail---Bail, held, cannot be demanded as a matter of right in cases falling within purview of subsection (1) of S. 497, Cr. P. C. for reason that accused may be awarded lesser punishment.--[Delay].                                                                                                                                                  ORDER Learned counsel for the petitioner have repeated the contention already noted in the order dated 11thJanuary, 1981 that the petitioner was entitled to rant of bail on the ground that the orders remanding him to judicial custody were not obtained from a Court of competent jurisdiction. The petitioner was arrested on 29th September, 1980 and was competently remanded to custody till 12th October, 1980 by a Magistrate under sec tion 167, Cr. P. C. It is an admitted fact that all further orders for remand of the accused to custody under section 344, Criminal Procedure Code were also passed by different Magistrates. Learned counsel…