Case Details

Citation(s)
2020 SLG 4474 = 2020 SLD 4474 = 2020 PLD 788
Lahore High Court
Criminal Miscellaneous No. 6039-B and C.M. No. 1305 of 2019, decided on 5th November, 2019.
Presented By: Anwaarul Haq Pannun, J
Ch. Muhammad Imran and Khawaja Qaiser Butt for Petitioner. M. Abdul Wadood, D.P.G. with Mohsin Rafique Ch., Deputy Inspector General (Prison), Multan, Arshad Ali Superintendent, District Jail, Multan. ORDER C.M. No.1305 of 2019.

GHULAM MURTAZA---Petitioner

VERSUS

The STATE and others---Respondents

Law: Code of Criminal Procedure, 1898

Section: 496, 497, 344

Law: Pakistan Penal Code, 1860

Section: 337A(i) ,337F(i)

Criminal Procedure Code (V of 1898)--- ----Ss. 496, 497 & 344---Penal Code (XLV of 1860), Ss. 337-A(i) & 337-F(i)---Prison Rules, 1978, R.1242, Register No.1---Shajjah-i-Khaffifa and Ghayr-Jaifah Damiyah---Bail, grant of---Bailable offence---Earlier bail order---Jail record---Omission of offences---Accused was earlier granted bail in main offence of Qatl-i-Amd etc. but due to offences under Ss. 337-A(i) & 337-F(i), P.P.C. mentioned in jail record, accused was not released---Validity---Serial number of the FIR along with other particulars of the accused and the "offence or offences" all are equally relevant---In order to enjoy concession of bail by way of his release in a particular case, accused had to seek his bail in 'each and every offence' for which he was charged with, either at the inception of registration of FIR or as a result of any subsequent addition thereof during the course of investigation or by way of framing of charge by Court---High Court directed all subordinate Courts to send copy of remand paper, its order thereon along with judicial warrant to concerned jail for admission of accused to prison. Following directions were issued by High Court:- That all the Subordinate Courts while granting judicial remand under section 344, Cr.P.C. shall also send a copy of remand paper, its order thereon along with the judicial warrant to the concerned jail for admission of the accused to prison. That the jail authorities at the time of admission of the accused to prison, shall enter accurately while tallying the particulars of the accused with those mentioned in the remand paper and judicial warrant, in the relevant register maintained by it under the Jail Manual/Rules. The jail authorities before attestation of thumb impressions or the signatures of the accused/prisoners, shall ensure that the particulars of prisoner given in the power of attorney/wakalatnama are in conformity with the particulars mentioned in the jail record and if any deficiency is found, the same shall be rectified accordingly. The Prosecutors under the provisions of Code of Criminal Procedure, 1898 and the Punjab Criminal Prosecution Service Act, 2006, are…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register