Law:

Section:

Constitution of Pakistan (1973)----- --- Art. 199 and Criminal Procedure Code (V of 1898), S. 491 read with Martial Law Order, 1977 [C. M. L. A.'s] No. 4, para. 2(1) [as amended and reconstituted by Martial Law Order, 1977 [C. M. L. A.'s] No. 37--Habeas corpus-Remand, power to grant-Power under para. 2(1)-Held, confined to trial and punishment had not extended to investigation-Order of remand passed by an officer of Army, hence, in clear violation of M. L. O. No. 4 and detention of petitioner without lawful authority.-.[Habeas corpus-Remand]. Khail Akbar v. The State PLD 1979 Quetta 96 and Abdul Salam v, Summary Military Court, Sialkot and 4 others PLD 1979 Lah. 178 rel. JUDGMENT KARIMULLAH KHAN DURRANI, J.-This Habeas corpus petition under section 199 of the Constitution of the Islamic Republic of Pakistan read with section 491 of the Code of Criminal Procedure has been moved on behalf of Akbar Khan son of Mir Ahmad an accused charged for embezzlement in the Allied Bank of Pakistan. 2. The facts material to the matter in hand are that the accused was working as cashier in Bhana Mari Branch of the said Bank. On 26-7-1979, F. I. R. No. 309" was lodged by the Manager, Allied Bank of Pakistan, G. T. Road Branch, Peshawar in the Police Station, Hashtnagri, Peshawar City alleging embezzlement of cash in his bank by one Iltaf Hussain Cashier. The accused-petitioner was attributed the role of instigation for the said embezzlement in this F. I. R. On the same date the accused-petitioner was arrested by the Police and on the next day was produced before the Illaqa Magistrate who sent the accused to judicial lock-up wherein he remained upto 2-8-1979, when he fell ill and was taken to the hospital. In the meantime another F. I. R. bearing No. 315 was on 29-7-1979, lodged in the police station by the bank authorities on the dis covery of some more shortage of money in their cash holdings which was, followed by yet another F. I. R., bearing No. 340, dated 13-8-1979. In these F. I. Rs. the main accused were Iltaf Hussain, Ghulam Kibria and Muhammad Khalid. The accused petitioner was again assigned the same role of instigating the co-accused for embezzlement in the latter F.…

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