' MAHMOOD AHMAD BHATTI, J.--- Tahir Javed, the petitioner has filed this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, maintaining that Lal Muhammad, his father is being detained illegally and without any lawful authority by the jail authorities. The petitioner, therefore, has prayed for setting Lal Muhammad, the alleged detenu at liberty.
2. This petition has come to be filed in the following circumstances.
' Lal Muhammad son of Muhammad Anwar was indicted for murder in case FIR No. 283/2006 dated 12.09.2006 registered under sections 302 and 34, P.P.C. At Police Station City Duniapur, District Lodhran. He was convicted and sentenced to life imprisonment vide judgment dated 25.11.2008 passed by learned trial Court. He filed criminal appeal No.27/2009 to call into question his conviction and sentence.
3. Since his appeal could not be taken up for one reason and another, he filed a criminal miscellaneous No.1/2014 under section 426, Cr.P.C. Seeking suspension of his sentence. His petition came up for hearing on 29.10.2014, and was allowed. He was ordered to be released on bail, subject to his furnishing bail bonds in the sum of Rs.2,00,000/- with two sureties each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court. Even after the passing of the aforesaid release order, the Superintendent Central Jail, Bahawalpur, where the convict is serving his sentence, refused to release him. Against this backdrop, Tahir Javed son of the convict filed the instant writ petition.
3.(sic) A report was sent for from the jail Superintendent. He submitted the same vide letter No.22173 dated 25.11.2014. The relevant portion therefore is reproduced as under:- ' It is submitted that as per jail record on 07.05.2007 production orders in case FIR No.292/2006 under sections 13/20/65 Police Station City Dunyapur was received to produce the convict cited as subject in case FIR No.292/2006 under section 13/20/65 Police Station City Dunyapur in the learned Court of Mr. Saleem the then Civil Judge Dunyapur and he was produced in the Court regularly from 21.05.2007 to 24.05.2010. As per record he did not remain in this jail in this case in judicial custody under the order of any Court. He was sentenced in this case on 24.05.2010 to three years R.I. + fine Rs. 2000/- or three months further in imprisonment and his sentence was calculated under the rules as 25 years R.I. + 03 years R.I + fine Rs.20000/- or three months +28 years R.I + Fine Rs. 2000/- or three months. There is no order on the conviction warrant about the considering the sentence to run concurrently.'
5. Learned counsel for the petitioner took exception to the aforesaid report made by the Jail Superintendent, inviting the attention of the Court to Paragraph No.10 of the order dated 24.05.2010 passed by learned Magistrate Section 30, Dunyapur, who had convicted and sentenced Lal Muhammad in case FIR No.292/2006 dated 16.09.2006 registered under section 13 of the Arms Ordinance, 1965 at Police Station City, Dunyapur, District Lodhran. The relevant portion of the order dated 24.05.2010 is extracted and reproduced for the ease of reference as under:- 'In view of the above discussion, the accused person is convicted under section 13 of Arms Ordinance and is sentenced to R.I. For three years and with fine of Rs. 2,0000/-. In case of default in payment of fine money, the accused person shall further undergo S.I. For three months. The punishment of the accused person In this case shall run concurrently with other case. The accused person is also Riven benefit of section 382(b), Cr.P. C.
6. To return to the report dated 25.11.2014 furnished by the Superintendent, Central Jail, Bahawalpur, Lal Muhammad was admitted to jail as an under trial prisoner on 18.09.2006 in case FIR No.283/2006 registered under section 302, P.P.C. And he was sentenced to 25 years Rigorous Imprisonment in this case on 25.11.2008. In other words, even if the period during which Lal Muhammad remained lodged at Central Jail, Bahawalpur as an under trial prisoner is not taken into consideration, he has been undergoing sentence there since 25.11.2008. Now considering that he was to suffer three years imprisonment together with a fine of Rs.2,000/- in the case brought against him under the Arms Ordinance, 1965 he has already completed his sentence in the case relating to the possession of illegal arms.
7. Since the sentence passed on Lal Muhammad in the murder case has already been suspended by this Court by the order dated 29.10.2011, and as he has already served his entire sentence in the case under the Arms Ordinance, his further incarceration pending his criminal appeal No. 27/2009 is wholly unwarranted. Regrettable as it is, instead of admitting his fault, the Superintendent, Central Jail, Bahawalpur attempted to justify his illegal act of commission and omission regarding the inmate/convict, Lal Muhammad, father of the petitioner.
8. For what has been stated above, this writ petition is allowed. Lal Muhammad confined at Central Jail, Bahawalpur is hereby ordered to be set at liberty forthwith, if not required in any other case.
This petition is allowed in the above terms.