Bail in main case, any minor offence, not included in Bail granting order

When accused had been granted Bail in main case, any minor offence, not included in Bail granting order, would not affect the grant of Bail because whenever a court ordered that an accused in a particular F.I.R. be released on Bail , order necessarily pertained to that particular F.I.R. in its entirety.

2008 MLD 1072 LAHORE-HIGH-COURT-LAHORE

Ss. 561-A & 497—Penal Code (XLV of 1860), Ss.395 & 412—Petition against including section of Penal Code in the Bail granting order when same was not inserted in the F.I.R.—Grievance of petitioner/ accused was that section 412, P.P.C. was not included in the F.I.R., but Jail Authorities were not releasing petitioner on the pretext that in the warrants received by them besides S.395, P.P.C., S.412, P.P.C. was also included in the said warrant—Despite order of the High Court, petitioner had not been released by the Superintendent of Jail ostensibly on the ground that remand order available in jail record also mentioned S.412, P.P.C.—Validity—When accused had been granted Bail in main case, any minor offence, not included in Bail granting order, would not affect the grant of Bail because whenever a court ordered that an accused in a particular F.I.R. be released on Bail , order necessarily pertained to that particular F.I.R. in its entirety—Once a person had been granted Bail by a court and ordered to be released forthwith, his further detention by the Jail Authorities would actually be illegal detention for which citizens would be perfectly justified to sue for damages—Specification of the penal provisions in the F.I.R. or any related investigation paper would not control the contents of the narration of the F.I.R. and the substance thereof—Jail Authorities were directed by High Court to be careful in the matter in that regard, because once a court admitted a person to Bail then that person would cease to be in the custody of the Jail Authorities and was in the custodia legis of the court.

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