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Criminal Miscellaneous No. 524-H of 1982, decided on 13th November, 1982.

----S. 491-Habeas corpus-No entry shown in Roznamcha or any other authentic record of police station establishing that detenus were required in any case-Police, however, alleging that during raid a mare and a calf secured under S. 550, Cr. P. C. and as such no formal case was registered and detenus were required for further investigation as well as recovery of yet another mare--Detenus set at liberty on bail with direction to approach competent Court for bail.

Ashiq Hussain Malik for Petitioner.

Muhammad Nawaz filed a petition under section 491, Cr. P. C. and this Court on 7th November, 1982 detailed a Bailiff to recover Ali Muhammad and Muhammad Siddique detenus from the Police Station C. I. A. Staff, Chiniot. The Bailiff went to the police station and found the main gate of the premises locked, which was got opened by him and on entry into the premises of the Police Station he found Ali Muhammad and Muhammad Siddique sitting in the verandah. The Bailiff checked the Roznamcha and made enquiry from the Moharrir, but was told that both the detenus were not required by the Police in any case nor there was any case registered against them. The detenus were, therefore, taken into cus tody by the Bailiff and were handed over to Muhammad Nawaz petitioner. Muhammad Nawaz petitioner has produced the detenus today, whose statements have been recorded, which disclosed that they were taken from their houses in Chak No. I /Janoobi, Hargan, on 3rd November, 1982 to the Police Station C. I. A: Staff, Chiniot, where they were illegally detained and given beatings up to 7th November, 1982 when the Bailiff of this Court recovered them. The statement of Muhammad Yasin A. S. I. has been recorded, according to which a raid was conducted to recover a mare and a calf, which were secured under section 550, Cr. P. C. because there was no previous F. I. R. of the theft of those animals. According to the Police officer the detenus are required by the Police for investigation as well as they are to be arrested for the recovery of another mare.

2. The circumstances appearing on the face of record are not satisfactory. I am not satisfied with the prompt action of the Police have not been shown any entry in the Roznamcha or any other authentic record of the police station that the detenus were required in any case, Be that as it may I do not want to proceed any further in this case, but since the Police requires the detenus for further action in an F. I. R. enlarge Ali Muhammad and Muhammad Siddique detenus on bail up to 27th November, 1982 to enable them approach the Court concerned of competent jurisdiction for bail. The bail granted to them is subject to their furnishing security in the sum of Rs. 10,000 (Rupees ten thousand) each with one surety each in the like amount to the satisfaction of Assistant Commissioner, Chiniot. The detenus are, however, directed to join the investigation.

3. Copy of the order be given dasti on usual charges.

Order accordingly.

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