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Criminal Reference No. 112 of 1953, decided on 11th November 1953.
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---‑Person neither arrested nor under any other form of restraint‑Whether bail can be granted to such person‑‑Criminal Procedure Code (V of 1898), S. 497.
A person cannot be admitted to bail against whom a report has been lodged at the Police Station but who has not been placed in custody or under any other form of restraint, or against whom no warrant has been issued.
Crown v. Khushi Muhammad P L D 1953 F C 170 foll.
Salahuddin Ahmed, Deputy Legal Remembrancer, in support of the Reference.
No one in Opposition.
‑This is a Reference by Mr. A. C. Lahiri, Sessions Judge of Pabna‑Kushtia. In it he recommends that the order of Mr. M. Ahmed, Sub-divisional Magistrate, Sadar Pabna, dated the 18th August 1953, be set aside.
The Reference is supported by Mr. Salahuddin Ahmed. Deputy Legal Remembrancer, and is not opposed.
The complainant Ashabuddin Ahmed lodged a written information with the Officer‑in‑Charge of Ishurdi police- station at 8‑30 p.m. on the 15th August 1953, to the effect that certain persons in a body had assaulted his men and removed two cycles from their custody. In course of the investigation which followed, five persons were arrested and forwarded to the Magistrate at Pabna. Of their number four were enlarged on bail and one of them was detained in custody.
Seven other persons who were named in the first informa tion report but against whom no process had ever been issued, who were never arrested nor taken into custody by the Police, appeared before the Magistrate on the 18th August and he passed an order for their release on bail. It is this order which is now submitted to us for revision.
The learned Deputy Legal Remembrancer points out that the matter is concluded by the decision of their Lordships of Federal Court of Pakistan in the case of Crown v. Khushi Muhammad (5DLR143FC=PLD1953FC170), followed.
It was there held that a person cannot be admitted to bail against whom a report has been lodged at the, police station but who has not been placed in custody, or under any other form of restraint, or against whom no warrant of arrest has been issued. The case under Reference is exactly' on all fours with the case cited before us.
The Reference is accordingly accepted and the offending order of Mr. M. Ahmed, Sub-divisional Magistrate, Sadar Pabna, dated the 18th August 1953, granting bail to the eight persons in anticipation of their possible arrest is set aide.
agree.
K. B. A. Reference accepted.
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