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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Mst. ZARBAKHT SHAH VS Respondent: POLITICAL AGENT, KHYBER AGENCY and 4 others
Court Name: Peshawar High Court Judge(s): Dost Muhammad Khan, Miftah-ud-Din Khan Title: Mst. ZARBAKHT SHAH vs POLITICAL AGENT, KHYBER AGENCY and 4 others Case No.: Writ Petition No,2816 of 2011 Date of Judgment:2011-11-15 Reported As: 2012 MLD 1273 Result: Order accordingly
Judgment ORDER ' DOST MUHAMMAD KHAN, J.---This case was taken up in the morning, however, the learned Standing Counsel for Political Agent Bara was not available, who was called to the Court and stated at the bar that the detenu namely, Saeed Muhammad son of Qadir Khan r/o Caste Aka Khel, Bara Khyber Agency, has been detained under section 40 FCR. 2 As the detention of the detenu is preventive in nature and is in default of surety bonds otherwise, there is no legal impediment to release him. Therefore, we would direct APA Bara to release the detenu. Named above if he executes bail bonds in the sum of Rs,50.00 with two sureties, however, the APA Bara shall clearly understand that he is not authorized under the law to reject the surety bonds without assigning any good and legal reason therefor and he could do it Only through a speaking order. The petitioner is directed to approach APA Bara within a week time. In. Case the APA concerned rejected the surety bonds, the petitioner can again come to this court through a simple petition. Petition disposed of in the above terms.