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Criminal Miscellaneous No. 303‑R of 1982, decided on 18th July, 1982.

‑‑ S. 491 read with Ss. 497 & 498 ‑ Habeas corpus ‑ Detenus, recovered from police station premises, reported to be involved in a case registered under S. 14 of Ordinance VI of 1979, on allegation of having been found in possession of stolen buffaloes--- Habeas corpus petition treated as petition for bail and detenus released on bail, in circumstances.

Abdul Rashid and Muhammad Akram for Petitioner.

Syed Hamid Mukhtar. for Respondent.

Date of hearing : 18th July, 1982.

Khushi Muhammad petitioner has moved this petition under section 491, Cr. P. C. praying that the alleged detenus, namely, Abdul Rashid and Muhammad Akram, who were being illegally detained by the respondent at Police Station, Ferozewala, be got recovered and set at liberty. Yesterday, a bailiff of this Court was deputed to recover the alleged detenus from the custody of the respondent and they have been produced before me. The bailiff has reported that he visited Police Station Ferozewala at 12‑20 p. m and found the alleged detenus sitting there. The respondent S. H. O. informed him that there was no case against them nor they had been arrested. He further informed him that "A. S. I Bande Ali took them into possession alongwith cattle and trunk under section 550, Cr. P. C. However no entry was shown to the bailiff. The respondent S. H. O. and Bande Ali A. S. I are present. They state that four heads of cattle and the trunk was taken into possession from the alleged detenus on 11th July; 1982 under section 550, Cr. P. C. and a report to that effect was made in the Roznamcha. They have produced a copy of the said report. They further submit that two cases under section 14 of Ordinance VII of 1979 on the reports of Dost Muhammad and Sabir were registered yesterday and the alleged detenus are wanted in the said cases. At this stage the learned counsel for the petitioner states that this application may be treated as a petition for bail and the alleged detenus be released on bail. In view of the circumstances mentioned above the alleged detenus, namely, Abdul Rashid at this stage the learned counsel states that he is also known as Abdul Sattar) and Muhammad Akram are admitted to interim A bail in the sum of Rs. 5,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner, Frozewala. They have been directed to join the investigation, if and when required. To come up on 20th July, 1982.

Petition allowed.

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