1994 P Cr (PLP)

S. 498

Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.3/4-- Pre-arrest interim bail

Police Officer to whom investigation of the case had presently been entrusted wanted time to probe into the matter dispassionately and independently

Case in the circumstances was adjourned to another date with the direction to Investigating Officer not to arrest the accused meanwhile

Accused were also directed to join the investigation as and when required by Investigating Officer. Awan Muhammad Hanif Khan for Petitioners. Nazir Ahmad Ghazi, A.A.-G. for the State. I have heard the learned counsel for the petitioners and the learned Law Officer, Mr. Nazir Ahmad Ghazi, A.A.-G.

2. Learned counsel for the petitioners contends that there was no F.I.R. registered against Mst. Ashraf Bibi, when the bailiff visited the police station on 17-1-1994, at 6-00 p.m., the recovery was effected from her in the presence of Zahid Khan, S.I. and Khalid Mahmood, A.S.I. who are directly under the control of Atta Muhammad, Inspector the I.O. The I.O. himself being the complainant is debarred from conducting the investigation and that inquiry is being conducted by the D.S.P. Nankana against Zahid Khan, S.I. on the complaint of Mst. Nasim Bibi, petitioner in Criminal Miscellaneous No.37/H of 1994..He further submits that the provisions of sections 52 and 103, Cr.P.C., as well as Police Rules 25.23, 26.3 and 26.18-A, were apparently violated. He also contends that no case has so far been registered against Jamroze Khan petitioner and the police mala fidely wants to arrest him on the statement of his wife, who is an accused in case.F.I.R. No.21/94,

3. The investigation of case F.I.R. No.21/94, registered against Mst. Parveen Bibi, has now been entrusted to the D.S.P. present in Court. He wants time to probe into the matter dispassionately and independently. In the circumstances, the case is adjourned to 6-2-1994. The D.S.P. can register a case against Mst. Ashraf Bibi on the complaint dated 17-1-1994 of Atta Muhammad, Inspector, and investigate both the cases simultaneously.

4. Meanwhile, the D.S.P. is directed not to arrest the petitioners. However, they are directed to join the investigation of the cases as and when required by the D.S.P. If they fail to join the investigation, then the D.S.P. can request for withdrawal of concession of pre-arrest interim bail allowed to them. The petitioners shall appear personally before this Court on the adjourned date and so the D.S.P. A copy of the statement of the Inspector, recorded in the habeas corpus petition may be given to the D.S.P. N.H.Q./M-1372/L Interim pre-arrest bail allowed