Mst. MIRAN MAI vs STATION HOUSE OFFICER, C.I.A. MULTAN-t

ORDER

Mst. Miran Mai, petitioner, moved this habeas corpus petition for the recovery of her son Shaukat, who according to her was under the illegal custody of the respondent for the last one month. Vide order dated 15-5-2001 a Bailiff of this Court was deputed to recover and produce the detenu before this Court today.

2. Abdul Jalil Sajid, Bailiff in pursuance of this order has been successful in tracing the detenu from the custody of the respondent and has also submitted a detailed report. According to which the arrest of Shaukat detenu was shown on 15-5-2001 at 7-00 a.m. In a case F.I.R. No,7 of 1998 under section 379, P.P.C. Registered at Police Station Alpa, Multan, on 5-1-1998 on the statement of one Khurshid Ahmad.

3. Ghulam Sarwar, A.S.-I./I.O. When confronted with the situation, states that the complainant of the case in his supplementary statement had shown his suspicion against the detenu and that is why he arrested Shaukat. He further states that the investigation of this case was entrusted to the C.I.A.

Police by the order of the S.S.P., Multan, on 7-10-2001.

4. I have gone through the relevant record produced by the police, which clearly shows that a supplementary statement of the complainant was recorded on 15-1-2001, wherein just suspicion was shown and a request was made that Shaukat and one Suleman should be joined in the investigation. A manipulation on the date of recording of the complainant's statement is manifest in the column of recording of month which clearly shows that it has been manipulated from "2 to 1 ". I am further strengthened in my view because the date on the next Zimni is 15-2-2001 and in between nothing was done by the efficient police officer.

Similarly the dates on the next other .ZiMnies are 15-3-2001 and 15-4-2001 respectively, which show that it is a habit of the A.S.-I./I.O. To do nothing, and to show performance{{URDU TEXT}} after the lapse of every one month as to show that he had been doing some job. In this context, after one month through Zimni dated 15-5-2001 the arrest of Shaukat was shown. The perusal of the said Zimni shows that Ghulam Sarwar, A.S.-L/1.0. Has given flimsy excuses for not producing the detenu before the Magistrate.

5. In this view of the matter, on the request of the learned counsel for the petitioner, I convert this habeas petition into a bail application and allow bail to Shaukat, detenu, in a case F.I.R. No,7 of 1998 registered at Police Station Alpa, Multan, under section 379, P.P.C., on 5-1-1998, subject to his furnishing bail bonds in the sum of Rs,20,000 with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Bench.

6. Shaukat accused is directed to join the investigation as and when required by the respondent, who would summon him through a written notice and not orally. In case Shaukat accused wilfully refused to join the investigation, the State would be at liberty to file an application for recalling of the bail order.