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Criminal Miscellaneous No. 112-H of 1983, decided on 23rd July, 1983.
---Ss. 497 & 491--Habeas Corpus--Bail, grant of--Detenu not named in F.I.R. registered under S. 457/380, P.P.C. on remand with police and interrogated for five days yet nothing incriminating recovered from him nor any recovery likely to be effected from him--Detenu released on bail, in circumstances.
Muhammad Ramzan Khalid for Petitioner.
Date of hearing: 23rd July, 1983.
Qadir Bakhsh petitioner has made this petition under section 491, Cr.P.C. wherein he prayed that his nephew Ghulam Shabbir was being detained illegally by the S.H.O. Police Station Kala District D.G. Khan, who may be got produced in this Court and set at liberty. 1, therefore, vide my order dated 20-7-1983, directed that a bailiff of this Court be deputed to visit the premises of Police Station Kala and if the detenu is found there without duly registered case, he should be recovered and produced in this Court today.
2. The bailiff has made a written report which has been placed on the file. According to this report, Ghulam Shabbir detenu at the time of visit of the b-4iliff was found present in the police station and was shown to have been arrested in case F.I.R. No. 50, dated 27-6-1983 under section 457/380, P.P.C. Police Station Kala and was on 10 days remand till 27-7-1983 with the police This shows that the detention of Ghulam Shabbir was not illegal.
3. I have seen the papers of the case in which the detenu was arrested. The case pertains to theft. The detenu is not named in the F.I.R. He has been interrogated by Sadiq Hussain S.I. for five days and no recovery has been effected from him so far. He also states that despite interrogation, he could not elicit from the detenu that he would lead to its recovery. In the circumstances, I am convinced that the detenu has a case for bail. Consequently I admit him to bail subject t his furnishing bond in the sum of Rs. 5,000 (Rupees five thousand only) with one surety in the like amount. to the satisfaction of the Deputy Registrar (Judl.) of this Court. However, the detenu is directed to appear before the Investigating Officer as and when required.
S. G. D. Bail admitted
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