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Before Fakhruddin G. Ebrahim and Zaffar Hussain Mirza, JJ
MUMTAZ ALI BHUTTO AND OTHERS-Petitioners
versus
DP.PUTY MARTIAL LAW ADMINISTRATOR, SECTOR 1, KARACHI Arm 2 OTHERS--‑Respondents
Constitutional Petitions Nos. D‑1003 and D‑1667 of 1978, decided on 4th February 1979.
(a) Panel Code (XLV of 1860)‑
‑‑ Ss. 225‑A & 225‑B‑Escape or attempt to ‑escape from lawful custody or confinement "Escape"‑Means where one arrested or detained gains his liberty before he is delivered by due course of law‑Detenu on his way back, from Court to Jail taken by his escort to his house for a short while and all along remaining ineffective control of escort‑Nothing to show that. detenu did any act towards an attempt to escape--‑Held, charge of escape or attempt to escape groundless and unsustainable in circumstances of case.‑[Words and phrases].
I L R 28 Cal. 253 and A I R 1927 Bom. 96 distinguished.
(b) Criminal Procedure Cole (V of 1898)‑‑
S. 243‑Plea of guilty‑No accused can he convicted on a plea of guilty to a penal section of law‑Facts' alleged against accused not constituting an offence‑Plea of guilty in relation to such facts would not convert acts alleged into a penal offence.‑[Plea of guilty].
Abdul Hafiz Pirzada, Nasim A. Faruqui Rasheed Akhund and Shaikh Mir Muhammad for Petitioners.
Usman Ghana Rashid, A. G. with .A H. Faruqui for Respondents.
Dates of hearing : 24th, 29th, 30th and 31st January 1979.
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