| Case ID |
323bf1e2-ddb4-4852-9ddd-895585c17961 |
| Body |
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| Case Number |
Crl. M. Q.P. No. 109 of 2009 |
| Decision Date |
Apr 12, 2010 |
| Hearing Date |
|
| Decision |
The petition was allowed, and the impugned action of the Investigating Officer was declared null and void. The accused, Jan Baz Khan, who was previously released on a personal bond, was taken into custody to face trial. The Court emphasized that the Investigating Officer does not have the authority to determine the guilt or innocence of an accused; that role is reserved for the trial court. The evidence presented by the Investigating Officer was deemed insufficient for such a release, and the findings indicated that the accused had been falsely implicated. The Court's ruling reinforces the principle that the plea of alibi must be substantiated with comprehensive evidence, rather than mere statements from witnesses. The accused has the right to seek post-arrest bail before the competent court if desired. |
| Summary |
This case revolves around the cancellation of a personal bond under Section 561-A of the Criminal Procedure Code, 1898. The petitioner, Mameez Khan, challenged the release of Jan Baz Khan by the Investigating Officer, arguing that the release was based on insufficient evidence. The Peshawar High Court ruled that an Investigating Officer cannot release an accused based solely on statements recorded under Section 161 of the Criminal Procedure Code, which lack evidentiary value until proven in a court of law. The Court highlighted the need for substantial evidence to support a plea of alibi, asserting that the role of the police is limited to gathering evidence for the court's consideration. This decision underscores the importance of due process and the rights of accused individuals within the criminal justice system. It serves as a critical reminder of the checks and balances necessary to prevent miscarriages of justice, particularly in serious criminal cases. The ruling also calls attention to the proper use of investigative powers, emphasizing that any opinion on guilt or innocence expressed by an Investigating Officer is inadmissible in court. Keywords: Criminal Procedure Code, personal bond, Investigating Officer, alibi, evidence, due process, justice. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ATTAULLAH KHAN, JUSITCE,
MAMEEZ KHAN
|
| Lawyers |
Mr. Anwar-ul-Haq,
Mr. Sanaullah Shamim,
Mr. Shah Hussain Khan
|
| Petitioners |
Mameez Khan
|
| Respondents |
STATE AND 2 OTHERS,
Jan Baz Khan
|
| Citations |
2010 SLD 911,
2010 PLJ 577
|
| Other Citations |
PLD 2007 SC 539,
PLD 2008 Pesh 63,
PLD 2006 Pesh 165
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
561-A,
161
|