Law: Criminal Procedure Code (V of 1898)

Section:

  Criminal Procedure Code (V of 1898), Ss. 117 (3) & 118-- Prevention of breach of peace-Immediate measures by way of detention in custody or interim bond-To be taken after inquiry-- Evidence of witnesses sufficient for final order under S. ,118 may not always justify order under S. 117 (3) - Order passed under S. 117 (3) found unjustified-Quashed in revision by High Court.   Criminal Procedure Code (V of 1898), Ss. 112, 117 (3) & 110-Conditions for sureties-Requiring sureties to be of certain class and financial status, paying certain amount of land revenue, residing within certain geographical limits and being in position to control activities of person proceeded against-Not illegal-Such conditions although not illegal, held, in circumstance of case, onerous, harsh and difficult of performance.   Ali Mohammad and others v. The State Criminal Revision Application No. 475 of 1960 ;State v. Mohammad Rahim and others Criminal Reference No. 194 of 1961 ; State v. Mataro and others Criminal Reference No. 410 of 1961 ; Syed Bunyadul Haque v. The State Criminal Revision Application No. 394 of 1961 ;   Emperor v. Din Mohammad 3 S L R 168 ; Jan Mohammad v. The Crown 3 S L R 239 ; Imperator v. Piral 5 S L RIO ; Mohammad Ibrahim v. The Crown and Junto v. The Crown 8 S L R 173 and 229 ; Allahdad and others v. The Crown 1924 Sind 120 ; Queen-Empress v. Rahim Bakhsh I L R 20 All. 206 ; Emperor v. Nabbu Khan I L R 24 All. 471 ; Sheikh Zikri v. Emperor 12 Cr. L J 472 and Narain Sahai and others v. Emperor A I R 1946 All. 333 ref.   Lalu Bux v. The State Criminal Reference No. 193 of 1962 and Criminal Revision Application No. 394 of 1962 reconsidered.   Criminal Procedure Code (V of 1898), S. 112-Order made for period of 12 months-Person proceeded against continuing to remain in custody for 16 to 17 months pending proceedings-Order quashed. JUDGMENT   H. T. RAYMOND, J.-This is a suo motu reference made by Khamisani, J. who in the course of his recent inspection of the Subordinate Courts in Mirpurkhas District came across this case pending on the file of the S. D. M., Mirpurkhas and directed that the papers in this matter be taken to…