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Criminal Miscellaneous No.285/H of 1987, decided on 17th June, 1987.
---S.491--Habeas corpus petition--Bailiff recovering two detenus from illegal confinement by police and producing them before Court--Detenu not wanted by police in any case set at liberty--Other detenu stated to be wanted in connection with a theft case--Such detenu, having been found in police lock-up without any entry in the Roznamcha regarding his arrest and thus his detention being illegal, allowed pre-arrest bail subject to his furnishing bail bond and directed to join investigation as and when required by the Police--Detenu at liberty to pursue a civil/criminal action against the Police Officer who had detained them illegally.
Rai Bashir Ahmad for Petitioner.
Muhammad Azam Khan for Respondents.
Haji Muhammad Ashiq petitioner has moved this habeas corpus petition praying that Muhammad Abbas alias Kala and Muhammad Abbas son of Saber Khan have been illegally detained at Police Station Kahna, district Lahore, by S.H.O. of that police station. A bailiff of this Court was deputed by this Court on 15-6-1987 for recovery and their production in this Court today. The bailiff has submitted his report in writing saying that at the time of his visit to the said police station he found Muhammad Abbas alias Kala in the police lock up without any corresponding entry of arrest having been made in the daily diary of the police station while Muhammad Abbas son of Saber Khan (detenu)was standing in the Barrack of constables. Both the detenus told the bailiff that they were brought by Naseer Ahmad ASI to the police station 6 days earlier and were confined there till their recovery by the bailiff.
2. Head-constable Ijaz Ahmad Muharrir of the police station told the bailiff that Muhammad Abbas had been arrested by Musharraf Ali S.I. in a theft case vide FIR No.66/87 of his police station but he could not enter the report about his arrest in the Roznamcha whereas Muhammad Abbas son of Saber Khan detenu was not wanted in any case. ASI Naseer Ahmad, who is present in Court, vehemently denied the allegation that he had ever brought the aforesaid two detenu at the police station 5/6 days before the visit of the bailiff there.
3. In view of the fact that Muhammad Abbas s/o Sabera detenu is not wanted by Kahna police, he is set at liberty. As far Muhammad Abbas alias Kala is concerned the S.H.O. submits that he is wanted in connection with the aforesaid theft case. It goes without saying that he was found in the lock up of the police station without any entry in the Roznamcha regarding his arrest, thus his detention was obviously illegal. In the circumstances, I feel inclined to allow him pre-arrest bail subject to his furnishing bail bond in the sum of Rs.10, 000 with one surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate Lahore. However, Muhammad Abbas alias Kala is directed to join the investigation as and when required by the police.
4. The detenu shall be at liberty to pursue a civil/criminal action against the police officer who had detained them illegally. With this remarks this petition is disposed of. The security amount deposited by the petitioner shall be refunded to him.
S.Q./M-264/L Petition disposed of
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