' ALI BAQAR NAJAFI, J.---Through this petition under section 491, Cr.P.C., petitioner seeks recovery of his brother namely, Zafar Iqbal and Habib Khan son of Ramzan Khan, from the illegal/land improper custody of respondent No, 1.
2. Bailiff of this Court/deputed on 28-5-2014 who has produced above said detenus before this Court and has reported that they were found in the lock up who stated that they were brought by the police on 20-5-2014, from PSO Petrol Pump Qaziabad, Layyah and they were also tortured.
Muharrir informed the bailiff that Muhammad Tahir, A.S.-I., arrested the detenus in case F.I.R. No, 176 dated 26-5-2014 under sections 381-A, 215, P.P.C. Registered at Police Station Fatehpur, and, arrest was entered at 5:30 a.m. On 28-5-2014 vide Rapat No, 28 as in the said FIR., Zafar Iqbal, detenu, was nominated whereas Habib Ullah, detenu, was involved on the basis of supplementary statement.
However, the police file was not made available to bailiff and according to the report Muhammad Tahir, A.S.-I., had gone to Bhakkar for the arrest of some other accused persons. The learned DPG has also not supported the arrest of the detenus.
3. A perusal of F.I.R. 176 dated 26-5-2014 under sections 381-A, 215, P.P.C. Registered at Police Station Fatehpur, Layyah reveals that date of occurrence was reported as few days ago and the detenus was though nominated in the F.I.R., who according to the complainant, had also admitted to have sold the stolen motorcycle to one Dr. Nazir whereafter he demanded Rs, 1200 which was paid but the motorcycle was cot returned. It is also noticeable that bailiff of this Court was deputed yesterday and the arrest of the detenus was allegedly shown at 5:30 am. The police file was not made available to the bailiff as the said ASI was not traceable until this morning when he made appearance before this Court. Surprisingly; F.I.R. Was registered on 26-5-2014 and the detenus were apprehended on 28-5-2014 from Adda Qaziabad without any effort of I.O. And it looks that detenus have voluntarily surrendered before him. The arrest of the detenus appears to be a fake one and manipulated after when bailiff had conducted the raid as the police file was not made available to him.
4. For the above stated reasons this petition is Allowed and the detenus are set at liberty.