Law: Pakistan Army Act, 1952

Section: 94,95

Law: Pakistan Army Rules, 1954

Section: 168

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss.337-D/337-A(i)/337-F(ii)/337-F(i)---Pakistan Army Act (XXXIX of 1952), Ss.94 & 95---Pakistan Army Act Rules, 1954, R.168---Pre-arrest bail, cancellation of---Bail granted to accused (an Army Personnel) on the ground that he would be tried by Army Authorities; and that Investigating Officer instead of conducing investigation himself should have handed over custody of accused to army Authorities---Validity---Medico Legal Report supported injuries received by petitioner---Commanding Officer had not responded letter of District Police Officer seeking custody of accused for investigation---Accused had remained absconder as he tailed to join investigation---Under S.94 of Pakistan Army Act; 1952, competent Army Officer could investigate a case of an Army Personnel, if he was implicated in a civil offence; provided such Army Officer made such demand from police authorities---No such demand or intimation had been made by concerned Army Authorities or Commanding Officer expressing such intention to investigate or court martial the accused---Bail granted to accused was cancelled in circumstances. ORDER SYED SHABBAR RAZA RIZVI, J.---The learned counsel seeks cancellation of bail of respondent, Karim Dad Khan who was granted pre-arrest bail vide order dated 17-1-2007. According to the learned counsel for the petitioner, the learned Additional Sessions Judge passed the impugned order on wrong interpretation of the law that the Army Personnel is to be tried by Army Authorities. According to the learned Addl. Sessions Judge, police should have handed over the custody of the respondent to the army Authorities for investigation instead conducting the same by itself. 2. I have heard the learned counsel for the petitioner, learned Deputy Prosecutor General, Punjab as well as the learned counsel for the respondent and considered their respective arguments. 3. From Use record, it is clear that the petitioner is alleged to have caused injuries with Churri to one Salamat Ullah on the vital parts of his body. The allegation is supported by the M.L.R. of Salamat Ullah which shows as many as five…

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