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Criminal Miscellaneous Application No.37 of 1983, decided on 8 February, 1983.
---S.491--Habeas Corpus--Detenue adult woman, mother of several children brought before Court from Darul Aman after two days--No party was allowed to see her in Darul Aman--Detenue stating that she was under no restraint because of respondent or any body else- And she was willing to go to her husband if surety against maltreatment by him was provided--Husband ready to provide surety--Duty of Court being to ascertain whether detenue was under any restraint, detenue was thus permitted to go wherever she wanted to go in circumstance.
Gul Bahar Korai for Applicant.
S.Ayaz for Respondent.
Awan Gul Muhammad for the State.
This matter was last fixed for hearing on 6-2-1983 when the statement of the detenue, Mst. Miran was recorded. In her statement she had stated that she was under no restraint and she was staying happily with her brother, Muhammad Murad. At the request made by the Gul Bahar Korai, who appears on behalf of the husband of the detenue, the detenue was sent to the Darul Aman where she stayed for two days and she was not allowed to meet either party or any representative of either party. The case was then adjourned for today. The detenue has been brought to this Court from Darul Aman, She has stated that she is ready to go with her husband provided he gives a surety that he will not maltreat her or misbehave with her. On instructions Mr. Gul Bahar Korai states that the applicant is ready to furnish surety in that regard. However, the detenue has stated that she is under no restraint in so far as the respondent, Muhammad Murad is concerned. I have seen the detenue. She is an adult woman. She is mother of several children. She has also stated that she is under no restraint. In these proceedings it is only required for this Court to ascertain whether the detenue is under any restraint. I am satisfied that the detenue is under no restraint. The detenue Mst. Miran is permitted to go wherever she wants.
Cr. Misc. Appln. No.36/83 stands disposed of.
S.A./A-160/K Order accordingly.
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