1983 P Cr (PLP)

‑ Ss. 491, 497 & 498‑Habeas corpus‑Detenus arrayed as accused with a view to defend police for illegal action of detaining them‑Bail granted to detenus to approach trial Court for purpose of further bail in accordance with law. Kh. A. Waheed for Petitioner. Inayat Ullah Cheema for Respondent. On a petition filed by Mohyuddin this Court ordered the production of the detenus. The Bailiff of this Court went to Faisalabad but could not find the detenus at Police Station, Gulberg, Faisalabad nor he could find them at Police Post, Ghulam Muhammad Abad. However, on 14th Febru ary, 1982 the Bailiff recovered Abdul Ghani, Mst. Jamila Begum, Mst. Gulzar Begum and Mst. Taj Bibi from a Bungalow near Police Post Ghulam Muhammad Abad, Faisalabad and has produced them in Court today whose statements have been recorded. Qurban Ali son of Abdul Ghani could not be found anywhere.

2. I have perused the report of the Bailiff according to which the detenus were not required by the police in any case but when he last of all visited the Police Station, Gulberg, Faisalabad he found that earlier to his arrival there the police had recorded a report No. 13 dated 14th Febru ary, 1982, in the Roznamacha that . the detenus were arrested under section 59, Cr. P. C. in F. I. R. No. 69, dated 5th February, 1982 for offence under sections 454/380, P. P. C. although their names are not men tioned in the F. I. R. as accused.

3. Learned counsel representing the respondent submits that the detenus are required and have been arrested by the Police as accused in F.

1. R. No. 69, dated 2nd May, 1982 for offence under section 454/380, P.. P. C. The aforementioned F.

1. R. does not mention names of the detenus. The detenus were allegedly taken away by the Police for interro gation because Ghulam Haider son of Abdul Ghani was an absconder in the same F.

1. R. No. 69, dated 5th February, 1982. It appears that the detenus were arrayed as accused with a view to defend the police for illegal action of detaining them at the police station from 10th February, 1982. Be that as it may, I allow bail to all the detenus namely, Abdul Ghani, Mst. Taj Bibi, Mst: Jamila Begum and Mst. Gulzar Begum up to 22nd February, 1982 and in the meantime they will approach the trial Court for bail who will pass orders in accordance with law. They shall furnish security in the sum of Rs. 5,000 each with one surety each in the like amount to the satisfaction of Ilaqa Magistrate/Duty Magistrate, Faisalabad.

4. This case is adjourned to 22nd February, 1982. The respondents are directed to trace out Qurban Ali detenu and produce him in Court. They may exercise powers under the police rules wherever Qurban Ali detenu could be found in the jurisdiction of Gulberg Police Station or out side its territorial jurisdiction.

5. The case to come for hearing on 22nd February, 1982 in the presence of respondents. M.Y.H. Order accordingly