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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: AKBAR ALI VS Respondent: SUPERINTENDENT, DISTRICT JAIL FAISALABAD
Court Name: Lahore High Court Judge(s): Sh. Ijaz Nisar Title: AKBAR ALI vs SUPERINTENDENT, DISTRICT JAIL FAISALABAD Case No.: Crl. Misc. No,58/H of 1993 Date of Judgment:1993-02-08 Reported As: 1993 P Cr. L J 1295 Result: Petition allowed
Judgment ORDER ' According to Tehsildar Recoveries, Muhammad Yaqub father of the petitioner had obtained loan amounting to Rs,1,51,500 from the Agricultural Development Bank in 1987 after mortgaging his land as security and on his failure to clear the loan, the petitioner stood surety for him on 25-11-1992 and gave an undertaking on his behalf. The petitioner denies having executed any such undertaking. According to him, he was compelled to sign blank papers at the time of his arrest. 2. Tehsildar Recoveries admits that the petitioner is not himself a borrower and that his father is still alive. He further admits that the land mortgaged at the time of obtaining loan by him is still available as security. 3. In the above circumstances, the arrest and detention of the petitioner is declared to be illegal. Accordingly, the order dated 27-1-1993 passed by this Court is confirmed. The petitioner shall be at liberty to initiate legal proceedings against Tehsildar Recoveries for his illegal detention. Disposed of accordingly.