29-SEP-2026
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Criminal miscellaneous application is called. The applicant SIP Muhammad Sukhyal Sanghar I.O of FIR Crime No.64/2026 PS Sarhad is present along with learned ADPP for the State. Notice was issued, returned with report, which is taken on record. The accused (1) Liaquat son of Ali Murad (2) Ghulam Murtaza son of Ghulam Sarwar and (3) Aijaz son of Gul Muhammad Pitafi are produced by the jail authority of District Prison Ghotki THROUGH VIDEO LINK. Arguments heard. Order passed and announced. Undeniably, this is a murder case coupled with robbery, I.O per material arrested three accused and produced them on the same date in the court of learned Judicial Magistrate and Family Judge seeking P.C remand for fair investigation and interrogation, which on one hand is sole domain of police and on the other hand is also very much essential to reach at fair conclusion. As such the learned Judicial Magistrate ought to have grant first P.C remand at least for few days subject to certain conditions but he failed and declined only for the alleged maltreatment to accused, which amounts to exercise of jurisdiction with material illegality because mere nomination of accused through further statements and simple arrest without independent investigation and interrogation by I.O will not serve true purpose of investigation in accordance with law.Consequently, based on judicious assessment of entire material on touch stone of law visualized under Chapter XIV Part V (INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE) and Police Rules, 1934 I am clear in my mind that the impugned order calls for interference hence I set aside it and order In-charge/Prison authority District Ghotki to handover sound physical custody of all three accused named above in FIR Crime No.64/2026 P.S Sarhad to I.O SIP Muhammad Sukhiyal Sanghar today soon after receiving order, for fair investigation and interrogation from them at P.S strictly in accordance with law and Police Rules and to produce them in the same sound condition without any torture on 02-10-2026 before the learned Judicial Magistrate & Family Judge Ghotki for seeking further remand if need be, which will be decided by the learned Judicial Magistrate on merit keeping in the view necessity and object of P.C remand which under the law is upto 14 days and not to be declined or granted in routine and being a Judicial Order demands exercise of dynamic and independent judicial mind with purpose to provide fair and ample opportunity of investigation to I.O in the best interest of Justice.Let copy of this order be communicated to the learned Judicial Magistrate & Family Judge Ghotki as well as In-charge District Prison Ghotki by hand of present applicant I.O SIP Muhammad Sukhiyal Sanghar, for information and compliance today. |
Hearing of Criminal Revision |
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ADJ III, Ghotki
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