Full Judgment Text & Judicial Ruling

2005 M L D 1068

2005 M L D 1068

[Lahore]

Before Sh. Abdul Rashid, J

MUHAMMAD ARIF‑‑‑Petitioner

Versus

THE STATE‑‑‑Respondent

Crl. Misc. No.7452‑B, 2004, decided on 27th October, 2004.

Criminal Procedure Code (V of 1898)‑‑‑

‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), Ss.222, 223 & 224‑‑‑Bail, grant of‑‑‑Allegations set up in F.I.R., showed that accused, while posted as Sub‑Inspector of Police at a Police Station was investigating a case registered at said Police Station under S.302, P.P.C. against a nominated accused in the case‑‑‑Nominated accused was in custody of accused and instead of locking the accused in judicial lock‑up, accused (Sub‑Inspector of Police) made him sit in his room in handcuffs wherefrom he was able to make good his escape‑‑‑Nominated accused escaped from custody of accused (Police Official) due to his negligence as he was required under the Rules to keep the nominated accused in lock‑up‑‑‑Offence of accused Police Inspector fell within purview of S.223, P. P. C. which was bailable one‑‑‑Accused was admitted to bail, in circumstances.

Shaharyar Sheikh for Petitioner.

Najeeb Faisal Chaudhry, Addl. Advocate‑General and Malik Muhammad Aslam for the State.

Subah Sadiq, S.I

ORDER

Through this petition the petitioner seeks bail after arrest in case F.I.R. No. 597 dated 15‑9‑2004 under sections 222, 223 and 224, P. P. C. registered at Police Station Naseerabad, District Lahore. According to the prosecution allegations set up in the F.I.R. the petitioner while posted as Sub‑Inspector of Police at Police Station Naseerabad was investigating a case F.I.R. No.505 of 2004 under section 302, P.P.C. registered at the said police station and Muhammad Mansha alias Abdul Hayee nominated accused in the said case was under arrest and in his custody and on the night of 1‑8‑2004 instead of locking him in the judicial lock‑up he made that accused sit in his room in handcuffs wherefrom he was able to make good his escape. From the prosecution allegations set up in the F.I.R. it is borne out that the nominated accused had escaped from the custody of the petitioner due to his negligence as he was required under the rules to lock the said accused in the lock‑up but he made him sit in handcuffs in his own room. The said offence falls within the purview of section 223, P.P.C. which is bailable one. Therefore, the petitioner is admitted to bail in the sum of Rs.25,000 with one surety in the like amount to the satisfaction of the trial Court.

H.B.T./M‑919/L Bail granted.

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