ABDUL WAHAB vs State Ss — 2022 MLD 448 PESHAWAR-HIGH-COURT

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ABDUL WAHAB VS State Ss.497, 86 & 561-a---Penal Code (XLV of 1860), Ss.381-a & 420---Theft of a car or motor vehicle, cheating and dishonestly inducing delivery of property---Post arrest 'transit bail'---Scope---accused was arrested by the local police of a police station of Khyber Pakhtunkhwa in a case registered under Ss. 419, 420, 468, 471, 411 & 171, P.P.C., in which he was granted bail---However, accused could not be released from jail as he was also involved in another criminal case registered against him under Ss. 381-a & 420, P.P.C., at police station of Punjab Province---Since there was no warrant against the accused in that case, therefore, a complaint under S.54, Cr.P.C. was drafted against him and in pursuance thereof, he was produced by the Judicial Magistrate, who remanded him to judicial lock up with the direction to intimate the concerned police station---Since no arrangement for his shifting to the Province of Punjab was made, therefore, the accused filed an application before the sessions court of that Province under S.86, Cr.P.C., with a prayer to grant him post arrest transit bail in that case, but was refused---Validity---In the present case, neither the petitioner, as per contents of the FIR, was nominated as an accused nor warrant had been issued against him under Ss. 75/87, Cr.P.C. and he had been arrested under S.54, Cr.P.C., therefore he was to be dealt with under the provisions of S.60, Cr.P.C.---according to S.60, Cr.P.C. a Police Officer making an arrest without warrant would, without unnecessary delay and subject to the provisions herein contained therein as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case---In case petitioner had been arrested by the local police under S.54, Cr.P.C., and was behind the bars but neither any warrant had been issued against him nor there was correspondence in black and white regarding shifting of the petitioner-accused to Punjab, as depicted from the comments submitted by the Superintendent, Central Prison, Peshawar, therefore, the petitioner could not be kept in Jail for indefinite period---Petition was allowed and petitioner was released on interim bail---Petitioner was directed to appear before the proper forum at Punjab on or before 20.07 2020, failing which the law would take its own course. Head Notes

ABDUL WAHAB vs State Ss — 2022 MLD 448 PESHAWAR-HIGH-COURT

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