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Criminal Miscellaneous No. 831/H of 1975, decided on 1st October 1975.
---S. 497/498 Bail Detenus recovered from police custody on order of High Court‑--Criminal case against detenu, registered after filing of habeas corpus petition and relating to an occurrence taking place much earlier‑hail granted, in circumstances.‑[Bail].
Ch. Masood Ahmad Ghuman for Petitioner.
M. A. Bajwa for Respondent.
In compliance of the order of this Court, the Bailiff has recovered Malla, Ahmad and Ahmad Ali detenus and has produced them in Court. Their statements be recorded, The statements of Mallla, Ahmad and Ahmad Ali detenus prove that they were taken away by the respondent 13/14 days ago from their dera and were detained illegally at the police Station. The respondent admitted that prior
to 29‑9‑1975, no case bad been registered against any of the three detenus. This petition was moved on 17‑9‑1975. It came up before this Court on 29‑9‑1975, and direction was give to the Bailiff to recover the three detenus, from the custody of the respondent. A case under sections 148, 363 and 366/149, P. P. C. was registered at Police Station, Chiniot, on 29‑9‑1975, at 3‑15 n. on the statement of Sher Mohammad. According to the complainant, Malla (detenu) and others had abducted his minor daughter Shamin aged 10/11 years. According to the complainant, the occurrence bad taken place, 10‑8‑1975. It is evident from the statements recorded today that Mehdi nephew and Kallu brother of Malls detenu were declared proclaimed offenders and their warrants of arrest had been issued and the S. H. O. was deputed to execute those warrants. It may be so that the respondent had taken away the three detenue to put pressure on them in order to secure the arrest of the said proclaimed offenders. Since the three petitioner are being detained illegally, I set them at liberty. Case under sections 148, 363 and 366/149, P. P. C. was registered after this habeas corpus petition had been filed in this Court although according to the complainant, the occurrence had taken place on 10‑8‑1975. This fact cannot be lost sight of Rs. 3,000 with one surety in the like amount to the satisfaction of A. C., Chiniot.
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