ایک مقدمہ میں گرفتار ملزم اپنے خلاف درج تمام مقدمات میں گرفتار تصور ہوگا۔

 In order to curb practice of arresting an accused in different criminal cases, one after the other, after his release on bail, following directions are issued to all the concerned:-

“(i) If an accused is arrested in a criminal case, he shall be presumed to have been arrested in all criminal cases registered against him wherein his arrest was required.

(ii) If arrest of the accused was required in any case already registered against him but could not be made for any reason, Investigating Officer is bound to make a written request to the Area Magistrate or the Court, as the case may be, explaining the reasons for such omission and seeking permission for the arrest of the accused

(iii) The request of the Investigating Officer must be endorsed by an opinion of the concerned Prosecutor qua sufficiency of the material for the arrest of an accused.

(iv) Area Magistrate or the Court, as the case may be, shall not accord approval of such arrest in a mechanical manner, rather record reasons in writing for granting such permission.

(v) If according to the opinion of the Area Magistrate or the Court, as the case may, sufficient incriminating material is not available against an accused, it may defer such arrest till the time of availability of such evidence.

(vi) At the time of dealing with such request of arrest, Area Magistrate or the Court, as the case may be, must keep in mind the binding dictum of the Apex Court laid down in Sughran Bibi Case15 and the right of fair trial and due process enshrined in Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973.

(vii) Any deviation from the above directions would entail penal consequences, provided under the law.”

Crl. Misc.27670/24
Shahida Bibi Vs I.G.P. etc.
Mr. Justice Asjad Javaid Ghural
13-05-2024
2024 LHC 2287