2001 PLP 1248 (MLD)

MUHAMMAD ROSHAN ESSANI, J.

By this application, the applicant Gobind Ram has sought the following relief:-- (a) To direct the respondents Nos. l and 2 to produce the detenu Namchand alias Namo Mal Lund in this Court and he may be set at liberty. (b) To appoint a Commissioner as an urgent measure to ascertain the confinement of detenu at Police Station, Daharki. (c) To grant any other relief in the circumstances of the matter. By order dated 14-2-2001, Commissioner was appointed to visit the concerned police station in order to ascertain the factum of the detention of detenu Namchand Lund. In pursuance to the orders of this Court, Commissioner visited the concerned police station and submitted the report. The contents of the same are reproduced hereinbelow:-- "Under orders of this Honourable Court, I went to Police Station Daharki and reached there at 3-30 p.m. After codal formalities I gave copy of order to Day Incharge Muhammad Daud Mahar and took Roznamcha from him. I then enquired from him about detenu Namchand alias Namo Mal. He took me to a room-where the above named detenu was sitting. On my enquiry Day Incharge Muhammad Daud said that this quarter belongs to Muhammad Hassan Korai, who is driver of P.S. Daharki. I enquired from detenu Namchand who said that since last three days he was called by S.H.O- from his house and since then he has been detained at police station in quarter. He also said that during this period he has not been produced before any Court of law. He also alleged maltreatment at the hands of police. I then came back to office and enquired about the detention of detenu from Day Incharge Muhammad Daud but he said that there is no any record for detention of detenu. He further said that even any entry about this detenu is not made in Roznamcha. He also further said that this detenu has not been sent to police station from any Police Post of this Police station or from any other police station. In view of above circumstances, I directed Day Incharge Muhammad Daud Mahar to produce detenu Namchand, before this Court today i.e. 15‑2‑2001, at 8‑15 a.m. and made such entry in Roznamcha at Serial No.8 and got it signed by Day Incharge also " Learned Additional Advocate‑General, Sindh has placed on record, report of the S.H.O., Police Station Daharki and copy of the same has been supplied by him to the learned counsel for the applicant. The report of S.I.P., Police Station, Daharki shows that the detenu was arrested as suspect in Crime No.140 of 2000 of Police Station Daharki under sections 457 and 380, P.P.C. We have heard Mr. Bhajandas Tejwani, learned counsel on behalf of applicant and Mr. Muhammad Bachal Tavo learned Additional Advocate‑General, Sindh on behalf of the State. The perusal of the report submitted by the Commissioner shows that when he visited the police station, he found the detenu Namchand alias Namo Mal detained in a room of the quarter of Muhammad Hassan Korai driver of police station. On enquiry from the Incharge of Police Station, as well as the examination of Station Diary revealed that no entry with regard to the arrest of the detenu was made. The name of the detenu do not appear in the F.I.R. The copy of the Machirnama of the arrest of the detenu as well as remand order has not been placed on record. The report of S.H.O.. Police Station, Daharki appears to be afterthought. He in order to save himself from the clutches of law wants to take shield under the umbrella of Crime No.140 of 2000 of Police Station, Daharki and has planted the present report. No doubt ordinarily we do not consider the bail plea of any person in proceedings under section 491, Cr.P.C. particularly when he is involved in a substantive offence but looking towards the peculiar facts and circumstances of the present case which reflects upon the credibility of Investigating Agency, the ball is granted to the detenu Namchand alias Namo Mal in the sum of Rs.50,000 and P.R. Bond in the like amount to the satisfaction of the Additional Registrar of this Court. By short order dated 15‑2‑2001 the application was allowed and bail was granted to detenu Namchand alias Namo Mal and above are the detailed reasons for the same. Application stands disposed of. H.B.T./G‑38/K Bail grant.