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Petitioner: RAHMAN-UL-HAQ VS Respondent: AHMAD RIAZ SHAIKHHonorable Justice Malik Muhammad QayyumAnjam Mufti,Rana Ejaz Ahmad Khan
1994 P Cr
1994 P Cr. L J 1334
[Lahore]
Before Malik Muhammad Qayyum, J
RAHMAN-UL-HAQ---Petitioner
Versus
AHMAD RIAZ SHAIKH and others---Respondents
Criminal Miscellaneous No.91/H of 1994, decided on 10th February, 1994
Criminal Procedure Code (V of 1898)---
----S. 491---Habeas corpus petition---Arrest of the detenu in a criminal case registered by the F.IA. at present did not seem to be justified ---Detenu was not named in the F.I.R. and the Authorities were unable to explain as to the exact role played by him in the commission of the so-called fraud ---Detenu who appeared to be illiterate person could not presently be believed to have in any manner participated in the alleged fraud---Case having been adjourned for further hearing, the detenu in the meantime was directed to be released from custody in circumstances.
Anjam Mufti for Petitioner.
Rana Ejaz Ahmad Khan for Respondents.
ORDER
Statements of the detenu as also Mr. Riaz Barkat, Inspector/I.O., F.I.A. and Muhammad Ashraf, S.H.O. Police Station Ichhra, Lahore have been recorded.
On the question being asked from the Investigating Officer as also the Supervisory Officer as to why the arrest of the petitioner has not been shown in daily register but is on loose papers, they have stated that in F.IA., no register of the nature of Roznamcha is maintained.
I am not satisfied on the present record that the arrest of the detenu in the aforesaid case is justified. The first thing to be noticed in this case is that the detenu is not named in the F.I.R. and secondly that the respondents are unable to explain as to the exact role which the detenu has played in the commission of the so-called fraud. The detenu appears to be illiterate person. At present, it is difficult to believe that he could, in any manner, participate in the fraud of the nature, which is being alleged. This opinion is, however, purely tentative in nature. The case is adjourned to 12-2-1994 for further hearing.
In the meantime, it is directed that the detenu shall be released from custody provided he furnishes bond in the sum of Rs.50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the O.D.S. (Judi.) of this Court.
The detenu shall, however, join investigation and render full assistance to the Investigating Agency.
Notices shall also issue to the learned Advocate-General, Punjab as also the learned Deputy Attorney-General for Pakistan for entering appearance on that date.
The respondents shall file their written statement by that date.
N.H.Q./R-126/L Order accordingly.