1995 P Cr (PLP)

‑‑‑‑S. 491‑‑‑Habeas corpus petition‑‑‑Police Officer who had allegedly arrested the detenu in a case on the statement of the complainant had admittedly not made the requisite entry in the Roznamcha due to inadvertence‑‑‑Statement of the complainant appeared to have been prepared later on to justify the arrest of the detenu‑‑‑Habeas corpus petition was converted into a bail application in circumstances and the detenu was admitted to bail accordingly. Sardar Tariq Sher Khan for Petitioner. Zafarullah Dareshak A.A.‑G. for the State. The petitioner has filed this petition under section 491, Cr.P.C. for the recovery of the alleged detenu, Muhammad Hanif, from the illegal confinement of the respondents. On 14‑12‑1994, a bailiff was deputed to recover Muhammad Hanif and to produce him before this Court today.

2. The bailiff has produced Muhammad Hanif and submitted a detailed report, in which he states that when he reached the Police Station Daaira Din Pannah, District Muzaffargarh at 2‑55 p.m., he found the detenu, Muhammad Hanif, in the police lock‑up. The Roznamcha was also taken into possession by him. There was no entry regarding the arrest of the detenu in the Roznamcha.

3. The S.I. Faizullah Khan states that he did not bring the requisite Roznamcha with him for perusal by this Court. The Court wanted to inspect the entries in the Roznamcha to find out the truth but on account of non- availability of the record, it was not possible to do so: The S.I. further states that he could not make any entry due to inadvertence. He further states that Muhammad Hanif, the alleged detenu, was arrested in a case F.I.R. No.194/94 A on the statement of the complainant Ghulam Farid Qaisrani, Naib‑Tehsildar (Recovery), Kot Addu, which was recorded subsequent to the registration of the F.I.R. The name of detenu does not find mention in the F.I.R.

4. I have perused the record. Prima facie the statement of the Naib-Tehsildar recorded subsequently .appears to have been prepared later on to justify the arrest of Muhammad Hanif. This being so, this petition is converted into a bail application as requested by learned counsel for the petitioner.

5. Notice. Mr. Zafarullah Dareshak, A.A.‑G. is present on Court's call. He accepts notice on behalf of the State. Confronted with this situation, he states that he has no objection if the bail is allowed to Muhammad Hanif. I, therefore, admit the detenu, Muhammad Hanif, to bail on his furnishing bail bonds in the sum of Rs.10,000 (Rupees ten thousand only) with one surety in the like amount to the satisfaction of A.C./Duty Magistrate concerned. N.H.Q./A‑750/L Bail allowed.