Rai GHULAM ABBAS vs S. H.O.
This matter arose from a habeas corpus petition filed for the recovery of a detenu, Muhammad Akbar, allegedly detained improperly at Police Station Makhdoom Rashid, District Multan. Upon the production of the detenu by the respondent and the submission of the bailiff's report, it transpired that the detenu was a nominated accused in an FIR and claimed to have been detained for several days. Considering that the detenu was a minor of about 13 years of age, the court converted the habeas corpus petition into a bail application in the interest of justice. The core legal question concerned the entitlement of a juvenile accused to bail where the offences charged did not fall within the prohibitory clause of the relevant criminal procedure provisions. The court held that since the offences were bailable or non-prohibitory and the accused was of tender age, his case fell squarely within the statutory exceptions for grant of bail. The court laid down the principle that a habeas corpus petition concerning an underage accused can be converted into a bail application where grounds for bail are made out under the Code of Criminal Procedure and juvenile welfare legislation.
- Can a habeas corpus petition for the recovery of an allegedly detained person be converted into a bail application by the court?
- Is an offence under section 354 of the Pakistan Penal Code bailable?
- Does section 506 of the Pakistan Penal Code attract the prohibitory clause of section 497 of the Code of Criminal Procedure?
- Does the case of an accused of tender age fall under the first proviso to section 497 of the Code of Criminal Procedure and the Juvenile Justice System Ordinance, 2000?
- Section 354, Pakistan Penal Code 1860
- Section 506, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
- Juvenile Justice System Ordinance, 2000
ORDER
' Rai Ghulam Abbas, petitioner, had moved this application for recovery of Muhammad Akbar who was allegedly being improperly and illegally detained at the Police Station Makhdoom Rashid, District Multan.
2. A bailiff of this Court was deputed to recover the detenu. The detenu has been produced before this Court by the respondent and the Bailiff has also submitted his detailed report.
3. According to the report of the Bailiff, the detenu was nominated accused in the case F.I.R. No,235 of 2001 registered at Police Station Makhdoom Rashid, on 9-10-2001, for offence under sections 354, 506 and 34, P.P.C. However, it has been clarified in the said report that it was shown in the case diaries and the daily diary that the detenu was arrested on 17-10-2001 at 7-20 a.m.
4. According to Muhammad Akbardetenu, who is present in Court, he was being detained at the police station for the last 10/11 days, while according to S.H.O.-respondent, he was arrested on 17- 10-2001. The. Detenu has also stated that he was not subjected to torture.
5. Be that as it may, admittedly the age of Muhammad Akbar, detenu, is about 13 years, therefore, in the interest of justice, I convert this petition into bail application.
6. I have heard the learned counsel for the petitioner as well as the respondent S.H.O. And also gone through the record. Section 354, P.P.C. Is bailable, while section 506 P.P.C. Does not attract the prohibitory clause of section 497, Cr.P.C. Muhammad Akbar, accused, is admittedly of tender age about 13 years, his case is covered by the proviso (1) to section 497, Cr.P.C. As well as under the provisions of Juvenile Justice System Ordinance, 2000, therefore, I admit Muhammad Akbar to bail, subject to his furnishing bail bonds in the sum of Rupees. Three thousand, with one surety in the like amount to the satisfaction of the Deputy Registrar (J) of this Court.
Cited by 2 cases
- Nazir Ahmad vs CCPO, Lahore, etc 2021 LHC 7155, PLJ 2022 Cr.C. 670, 2022 PLJ 263
- Nazir Ahmed vs Capital City Police Officer, Lahore and 5 others 2023 YLR 382