Through this petition under Section 491 Cr.P.C. the petitioner has sought recovery of her husband namely Javaid Sadiq from the respondents who had been taken away by the Police officials of Police Station Sattokatla on the 02.08.2011 outside the premises of this Court at an occasion when his pre-arrest bail was confirmed by this Court.
2. Precisely, the relevant events essential for the disposal of this habeas petition are that the detenu was having business terms with one Muhammad Kashaf Zia but with the passage of time same were become strained due to eruption of differences on the issue of profit. Due to differences the detenu was booked in a criminal case under Section 381, PPC which was later on cancelled. The above said Muhammad Kashif Zia utilized his valuable relations with Captain Retired Muhammad Sohail Chaudhary, District Police Officer, Pakpattan Sharif and entangled the petitioner in two subsequent successive criminal cases out of which in one criminal' case the pre-arrest bail of the petitioner was confirmed by the learned Additional Session Judge. The petitioner invoked the door of this Court for the first time for his pre-arrest bail in case FIR No, 333 registered at Police Station City Arifwala on 05.06.2011 in respect of offences under Sections 337-F(i)/337-F(iii)/337- A(ii)/337L(2)/34, PPC and during the proceedings in the above said pre-arrest bail the mala fide of the police had surfaced on record. The pre-arrest bail. of the petitioner was confirmed by this Court wherein some directions were also issued against the above said Captain Retired Muhammad Sohail Chaudhary, District Police Officer, Pakpattan Sharif but unfortunately as and when the petitioner left the premises of this Court he was once again unwantedly removed by the police of Police Station Sattokatla. Hence, this habeas petition before this Court.
3. A Bailiff of this Court was deputed to recover the detenu on 02.08.2011 who, after recovering, produced him before this Court on 03.08.2011 and it was transpired that the detenu was once again involved in case FIR No, 1040 registered at Police Station Sattokatla on 27.07.2011 in respect of an offence under Section 489-F, PPC but his arrest was affected on 02.08.2011. This kind of attitude by the police constrained this Court to associate the Inspector-General of Police with the matter in issue and required him to take stern action against the delinquent police officials/officers. In the meanwhile the detenue was allowed post-arrest interim bail vide order dated 03.08.2011 and the case was adjourned to 05.08.2011. The Inspector-General of Police conducted an elaborate inquiry into the matter and submitted a detailed report before this Court today wherein legal as well as departmental actions have been recommended against Mubin-ud-Din, Inspector/SHO, Police Station Sattokatla, Shaukat Ali, ASI, Abdul Rasheed, SI, Ahmad Siddique, HC and Muhammad Farooq Constable. Through the same inquiry legal action has also been suggested against the mastermind of this series of criminal litigation namely Muhammad Kashif Zia whereas department action has also been suggested against his friend Captain Retired Muhammad Sohail Chaudhry, District Police Officer, Pakpattan Sharif for extending undue favour to above said Kashif Zia.
4. The inquiry conducted by the Inspector-General of Police, Punjab, Lahore and actions suggested therein against the delinquent persons has satisfied this Court, therefore, no useful purpose would be served to keep this habeas petition alive any further which is hereby disposed of. However, keeping in view the peculiar features of this case the post-arrest interim bail allowed to the petitioner vide order dated 03.08.2011 is hereby confirmed. The Office has reported that the petitioner has not furnished the surety as directed vide order dated 03.08.2011. In the interest of justice the period for furnishing surety is extended for further fortnight in which the petitioner may do the needful.