Law: Pakistan Penal Code, 1860

Section: 302,34

Law: Criminal Procedure Code (V of 1898)

Section: 169,173,167,173(3),63

Criminal Procedure Code (V of 1898)--- ---Ss. 167, 169 & 173(3)---Constitution of Pakistan (1973), Art.199---Constitutional petition--Release of accused---Powers of Investigating Officer---Investigating Officer who had arrested respondents had been requesting Magistrate for authorization of detention of said accused persons through remand---After getting permission/ authorization as envisaged under S.167, Cr.P.C., Investigating Officer could not discharge said accused for all times to come---Investigating Officer could release accused after their executing a bond with or without sureties, but could not discharge them, who earlier were detained with Investigating Officer by the permission of Magistrate---Words of S.169, Cr.P.C. "release him on his executing a bond with or without sureties" could not be expounded as having authorized or empowered Investigating Officer to discharge accused---From wording of subsection (3) of S.173, Cr.P.C., it became evident that accused released on bond, with or without sureties, was not a person released for all times to come, in fact, it was a temporary release, which had to be confirmed through an order of discharge from the Magistrate---Release of an accused under S.169, Cr.P.C. was uptill confirmation of the action of Investigating Officer for the release of accused and uptill discharge or order of Magistrate as provided in S.173, Cr.P.C.---After a person was arrested and detained by the police, he could be released on execution of a bond, with or without sureties by the Investigating Officer when he would find against accused no sufficient evidence, no reasonable ground or no suspicion to justify for his forwarding to a Magistrate in custody and it would be the duty of Investigating Officer to report all those facts, by placing name of that accused in Column No. 2 of the report under S.173, Cr.P.C.---Extraordinary powers conferred upon Investigating Officer to release on bond an accused, were open to judicial scrutiny. Shahnaz Begum v. The Hon'ble Judges of the High Court of Sindh and Balochistan and another PLD 1971 SC 677; Muhammad Ali and 12 others v. District Magistrate, ,Faisalabad and 3 others PLD 1978 Lahore…

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