IMRAN MAQBOOL vs THE STATE and 2 others
This criminal revision petition challenges certain observations made by the Duty Additional Sessions Judge, Lahore while confirming the pre-arrest bail of the petitioner in case FIR No. 712 registered under sections 408, 420, and 468 of the Pakistan Penal Code 1860 at Police Station Chung, District Lahore. The trial court had granted pre-arrest bail but conditioned it by giving liberty to the police to arrest the accused if found guilty upon transfer of investigation. The core legal question was whether a court granting bail can abdicate its jurisdiction by leaving the matter of bail cancellation in the hands of the police. The Lahore High Court held that the observations made by the Sessions Court were novel, unusual, illegal, and an improper exercise of jurisdiction, as the cancellation of bail lies strictly within the jurisdiction of the court and cannot be delegated to the police. The petition was consequently allowed and the offending observations were excised from the bail order.
- Can a court of law leave the matter of bail cancellation in the hands of the police upon transfer of investigation?
- Is it lawful for a court granting pre-arrest bail to authorize the police to arrest the accused if found guilty later during investigation?
- Whether making conditional observations permitting police arrest after confirming bail constitutes an illegal exercise of jurisdiction?
- Section 408, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
1. ' ASIF SAEED KHAN KHOSA, J.-The petitioner is an accused person in and respondent No, 3 is the complainant of case F.I.R. No, 712 registered at Police Station Chimg, District Lahore on 21-8-2008 in respect of offences imder sections 408/420/468, P.P.C. The petitioner applied for pre-arrest bail in connection with the said criminal case and on 30-9-2008 the leamed Duty Additional Sessions Judge, Lahore confirmed the ad interim pre-arrest bail of the petitioner but at the end of the said order passed in that regard the leamed Duty Additional Sessions Judge, Lahore made the following observations: "However, it is made hereby clear that if on the basis of application moved by the complainant, the investigation is transferred and the petitioner has been found to be guilty then the police will be at liberty to arrest the accused in accordance with law. "
2. ' The petitioner has challenged the said observations before this Court through the present revision petition.
3. 30- I must observe that the observations made by the learned Deputy Additional Sessions Judge, Lahore reproduced above have been found by me to be most novel, unusual and utterly unwarranted. If a Court of law admits an accused person to bail then the matter of cancellation of such bail lies within the jurisdiction of the Court and the same cannot be left in the hands of the police. Such abdication of jurisdiction by a Court of law in favour of the police is neither countenanced by the law nor the same can be approved. The making of the above mentioned observations by the learned Duty Additional Sessions Judge, Lahore has, thus, been found by me to be not only illegal but also improper exercise of jurisdiction by the said judicial officer and, therefore, this revision petition is allowed and the observations made by the leamed Duty Additional Sessions Judge, Lahore reproduced above in his order dated 30-9-2008 are hereby excised from the said order.
4. Criminal Miscellaneous No, 2 of 2008
2. As the main revision petition has been allowed and disposed of by this Court, therefore, the present miscellaneous petition seeking interim relief has lost its relevance. Disposed of.