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Criminal Miscellaneous No.1355‑B of 1984/BWP, decided on 23rd October, 1984.

‑‑‑Ss.491 & 497‑‑Penal Code (XLV of 1860), S.302‑‑‑Habeas corpus‑‑Bail, grant of‑‑Petitioner, accused in a murder case, detained in jail without obtaining order from any Court of competent jurisdiction‑‑Petitioner's detention; held, illegal, in circumstances‑‑Petitioner released from confinement on bail.

‑‑‑S.491‑‑Penal Code (XLV of 1860), S.343‑‑Habeas Corpus‑‑Petitioner confined in jail without obtaining remand order from any Court of competent jurisdiction‑‑Prima facie a case of illegal confinement, as punishable under S.343, P.P.C., held, made out‑‑Investigating Officer issued a show‑cause notice, in circumstances.

Malik Muhammad Din for Petitioner.

Hafiz M. Saeed for the State.

This is an application for bail on behalf of Muhammad Ali and Moneer Ahmad petitioners in a case under section 302/34, P.P.C. registered at P.S. Khairpur vide F.I.R. No.50, dated 2‑4‑1984.

2. The prosecution case is that the petitioners and 3 others in furtherance of their common object caused the death of Khuda Bakhsh on 2‑4‑1984 in the area of Bonga Yarani.

3. The learned counsel for the petitioners submits that from 29‑7‑1984 when the case was received back from Martial Law Authorities for trial before Civil Court, the police did not care to get judicial remand of the petitioners and as such, their detention in jail is illegal. Learned Counsel for the State while frankly conceding on the instructions of Ahmad Din, the Investigating officer that no remand order was obtained by the police for judicial custody of the petitioners since 29‑7‑1984, has opposed the plea for bail of the petitioners on the ground that the challan is very much ready for presentation before the Court and the same is in fact lying with District Attorney, Bahawalpur.

4. I have considered the arguments advanced by the learned counsel for the parties with care. I find that since 29‑7‑1984 no order from any Court of competent' jurisdiction for judicial custody of the petitioners has been obtained. The detention of the petitioners is, therefore, no more legal. In this view of the matter, there is no option but to release the petitioners on their furnishing bail bonds in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of A.C/Duty Magistrate, Hasilpur. It would, however, be open to the State/ complainant to move application for cancellation of bail‑ after the submission of challan or as and when necessary.

5. Since the police did not care to obtain orders for judicial custody of the petitioner from Court of competent jurisdiction, prima facie, a case of illegal confinement punishable under section 343, P.P.C. is B made out. Let a notice be issued to Ahmad Din, 1.0., to show cause why a case under section 343, P.P.C. be not got registered against him. P.D.S.P., Bahawalpur and District Attorney, Bahawalpur shall also be summoned for 24‑10‑1984.

S. G. D. Order accordingly.

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