1991 PCr (PLP)

Mahmood Ahmad Butt respondent was A.S.I., Police Station Allama Iqbal Town, Lahore on 19-6-1990. He reported F.I.R. on the said date at 3/4 p.m. that having come to learn that Raees Ahmad alias Kala, a proclaimed offender (who is now reported to have been killed in a police encounter) was in Flat No.14, Shah Nawaz Plaza, Moon Market, Allama Iqbal Town, Lahore Raid was conducted and in the flat Nargas alias Sonia petitioner and one Umar Hayat co- accused were seen in objectionable condition. Case was registered under section 18 of Ordinance VII of 1979. Sonia was apprehended and brought to the police station.

2. The development took place to the following effect: She was allegedly beaten by the police and when she was sent to the judicial lock-up her medical examination was done. Later on a judicial inquiry was held by the District Magistrate and on his order case was registered under sections 354-A, 323, 380, P.P.C. read with Article 14 of Ordinance VI of 1979. Mahmood Ahmad respondent moved a bail before arrest petition, which was heard by Mr. Muhammad Adam Sumra, Additional Sessions Judge Lahore. The bail was confirmed on 9-9-1990. The present petition has been moved for cancellation of the same.

3. The order is so devoid of any judicial content and application of conscious mind that neither one side or the other could defend it. It is strange to note that the allegation was that beating had been given and injuries caused to the complainant lady on the private parts of her body and the learned Additional Sessions Judge had the temerity to observe:-- "I have observed the seat of injuries and I could not find any sign of injuries on her body." This was unbecoming of a judicial officer. If he had felt the necessity of fresh medical examination, he could have referred the lady to a competent lady doctor. Not only this but without discussing as to what was the allegation and what was the defence, he jumped to the conclusion:-- "I hold that the guilt of accused persons requires further inquiry

" Question of further inquiry is a matter for consideration in a bail after arrest petition and not in a bail before arrest petition, which is to be considered on entirely different grounds.

4. I would, therefore, refrain from making any observation on the merits of the case. The order of the learned Additional Sessions Judge, being unsustainable j is hereby set aside. The bail before arrest petition is remanded to the learned Sessions Judge, Lahore who himself would dispose it of on merits in accordance with law. Parties would appear before him on 16-3-1991. The police would produce the record. Till then the bail already granted to the respondent would hold the field. The respondent would go on joining the investigation. H.B.T./N-483/L Order accordingly.