2007 PLP 2436 (YLR)

SARMAD JALAL OSMANY, J.

S.H.O. says that aforementioned detenus and five others out of whom four are the real brothers of Abdul Latif and one is the relation are nominated in F.I.R. No.9 of 2005 of Police Station, Khadahri with the allegations that these persons had trespassed the land of the complainant Wali Muhammad 'and_ harassed him and threatened him with dire consequences etc. Such allegations have been denied by Abdul Latif as well as by the detenus Abdul Hafeez and Abdul Qavi. According to detenus they were picked up by the police on 20-11-2005, while they were on way to their homes. According to them they have never trespassed the lands of the complainant. Similarly, the learned counsel for the petitioner submits that her husband Abdul Lail' was present before this Court on 27-10-2005 the whole day viz., till rising of Court and hence there is no question of presence of detenus at the place of incident. On my enquiry, the complainant says that there was a crowd of people who was standing on his land and he assumed that Abdul Latif was also there along with his brothers. Mr. Sangi, learned counsel for the petitioner in view of the foregoing circumstances submits that the F.I.R. is concocted one and only has been filed in order to pressurize Abdul Latif and his family members as the complainant is a relation of sons of the petitioner on her late husband side. He prays that the detenus be released and so also the police authorities be restrained from arresting other nominated accused in the F.I.R. To this submission Mr. Shahani, learned Addl. A.-G. says that the detenus be released on bail as the F.I.R. of a cognizable offence has been registered against them. I have heard both learned counsel as well as learned Additional Advocate-General. Prima facie it appears that the F.I.R. in question does not reflect the correct facts since the petitioner's husband Abdul Latif was available before this Court in this matter on 27-10-2005 till Court hours. Consequently, I would direct Mr. Aftab Ahmed Halepoto, DPO, Sukkur to carry out a thorough enquiry into the truth or falsehood of the above F.I.R. after recording the statements of the accused as well as the complainant and thereafter file a report before this Court, in the meanwhile the detenus Abdul Hafeez and Abdul Qavi are give. bail provided they submit only a P.R. bond in the sum of Rs.50,000 each to the satisfaction of Additional Registrar of this Court. Similarly, the remaining accused are accorded bail in the above terms. They shall be given an opportunity by the police to obtain the P.R. bond before any action is taken against them. The detenus alleged that they have been deprived of Rs.15,200 collectively along with motorcycles and one mobile telephone set by the police authorities. They pray that this amount and items be returned to them. The S.H.O. says that the motorcycles and the mobile phone set are in their possession but he denies that any money was recovered from the detenus. In the circumstances the motorcycle and mobile telephone set be returned to the detenus today by the S.H.O. Insofar as the allegation of money is concerned that also shall be enquired into by the DPO. Adjourned to 28-11-2005. H.B.T./I-16/K????????????????????????????????????????????????????????????????????????????????????? Order accordingly.