| Case ID |
44d95c67-14ae-4732-870a-fbe1f3ff7c23 |
| Body |
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| Case Number |
Criminal Revision No. 206 of 2005 and Cr.Q.P. No. |
| Decision Date |
Jun 08, 2006 |
| Hearing Date |
Jun 08, 2006 |
| Decision |
The High Court, while exercising jurisdiction under section 561-A of the Criminal Procedure Code, determined that the order of the S.H.O. releasing Esa Khan on personal bonds was unsustainable due to lack of legal authority. The court emphasized that police cannot grant bail without proper legal grounds, thus nullifying the actions taken by the S.H.O. It was also noted that the learned Additional Sessions Judge's order to take Esa Khan into custody was not in accordance with the law. The court set aside the prior order of the Additional Sessions Judge as it lacked jurisdiction, asserting that the matter should be revisited by the trial court from the appropriate stage. |
| Summary |
This case revolves around the improper release of Esa Khan on personal bonds by the S.H.O. of the Police Station, which was deemed to be an act without legal authority. The High Court scrutinized the circumstances under which Esa Khan was charged with murder and subsequently released, highlighting the procedural errors made by law enforcement. The court stressed the importance of adhering to legal protocols in criminal proceedings, particularly concerning bail and custody. The ruling underscored the necessity of establishing clear legal grounds for any release by police, thereby reinforcing the integrity of the judicial process. The court's decision serves as a critical reminder of the checks and balances required in the exercise of police powers and the safeguarding of individual rights within the criminal justice system. The judgment also referenced relevant sections of the Criminal Procedure Code and cited previous case law to support its findings, ensuring a thorough legal basis for its conclusions. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Tariq Parvez Khan, C.J.,
Esa Khan
|
| Lawyers |
Kh. Muhammad Khan for Petitioner,
Mumrez Khan for Respondents,
Akhtar Naveed D.A.G. for the State
|
| Petitioners |
Esa Khan
|
| Respondents |
another,
Nawab Khan
|
| Citations |
2006 SLD 449,
2006 PLD 165
|
| Other Citations |
1994 PCr.LJ 1166,
1996 PCr.LJ 1987,
AIR 1933 Sindh 331(2)
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973,
Pakistan Penal Code, 1860
|
| Sections |
561-A,
497(5),
199,
302,
324,
34
|