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State vs JUDICIAL MAGISTRATE SECTION-30 S — 2026 PLD 465 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2026 PLD 465 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2026
Reporter
PLD
Parties
State vs JUDICIAL MAGISTRATE SECTION-30 S
Subject matter
Criminal
Provisions referred to
S. 63---D; S. 63

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

State VS JUDICIAL MAGISTRATE SECTION-30 S.63---Discharge of person apprehended---Nature of provision (S.63, Cr.P.C)---Whether S.63, Cr.P.C. is an enabling or vesting provision conferring upon a Magistrate the power to discharge an arrested person, or merely a clause describing the consequence of arrest?---Held: Section 63, Cr.P.C. is neither an enabling nor avesting clause---It catalogues the three modes by which a person arrested by police may be discharged; on his own bond, on bail, or under the special order of a Magistrate; but does not prescribe the conditions or form of the bond, the authority competent to grant bail, or the grounds upon which a Magistrate may pass a special order for discharge---Those matters are governed by separate enabling provisions of the Code---Section 63, Cr.P.C is properly characterised as a "clause of result or a consequence clause" functioning as an adverbial clause; its domain is descriptive, not prescriptive.

Other judgments reported in 2026 PLD

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