1999 P Cr (PLP)

Qazi Muhammad Shafique for the State. The petitioner is involved in the case F.I.R. No.24 of 1997 which has been registered on 15-1-1997 under sections 382 and 392, P.P.C. at Police Station Lower Mall, Lahore at the instance of Nadeem Akram against the petitioner and others. The allegation is that the complainant who was on a motorcycle was intercepted by four boys and his motor-cycle was snatched by them and after that they fled away and that one of them made ineffective firing with his mauser.

2. Pervaiz Akhtar, A.S.-I., states that on 24-4-1997 the motor-cycle was recovered from co-accused Barkat and on 10-5-1997 the petitioner was arrested. Thereafter, an identification parade was held on 27-5-1997 and the petitioner was identified. The A.S.-I. further states that the challan was sent up on 23-10-1997 but was returned on 28-11-1997 with some objection and, thereafter, the challan has been completed on 5-12-1997 but has not been submitted to the Court.

3. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and the identification parade was held after 17 days of the arrest of the petitioner which made the identification doubtful as during detention the petitioner was shown to the complainant. He also submits that the challan has not so far been submitted which is against the mandate as contained under section 173, Cr.P.C. He has relied on Muhammad Aslam v. The State 1997 PCr. LJ 1736 to contend that because of the non-submission of the challan within the period prescribed under section 173, Cr.P.C. the detention of the petitioner has become unlawful and that he is, therefore, entitled to be released on bail.

4. It is not denied that the challan has not so far been submitted to the Court although the case was registered on 15-1-1997.

5. The petitioner could be kept in custody only in accordance with the provisions of sections 61, 62, 167, 173 and 344, Cr.P.C. Proviso to subsection (1) of section 173, Cr.P.C. provides that the final or interim report shall be submitted to the Court. Admittedly, this procedure was not followed. Therefore, the detention of the petitioner after fourteen days, not being permitted by the law in this manner, is also against the mandate contained in Article 9 of the Constitution which provides that:-- "No person shall be deprived of life or liberty save in accordance with law." Similarly, sub-Article (2) of Article 10 of the Constitution provides that:-- (2) Every person who is arrested and detained in custody shall be produced before a Magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the Court of the nearest Magistrate, and no such person shall be detained in custody beyond the said period without the authority of a Magistrate."

6. The petitioner is, therefore, admitted to bail, subject to his furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand) with two sureties each in the like amount to the satisfaction of Illaqa Judicial Magistrate. Copy Dasti. H.B.T./M-694/L Bail granted.