' Qadir Bal:hsh petitioner has made this petition under section 491, Cr.P.C. wherein he prayed that his nephew Ghulam Shabbir was being detained illegally by the S.H.O. Police Station Kale District D.G. Khan, who may be got produced in this Court and set at liberty. I, therefore, vide my order dated 20-7-1983, directed that a bailiff of this Court be deputed to visit the premises of Police Station Kale and if the detenu is found there without duly registered case, he should be recovered and produced in this Court today.
2. The bailiff has made a written report which has been placed on the file. According to this report, Ghulam Shabbir detenu at the time of visit of the bailiff was found present in the police station and was shown to have been arrested in case F.I.R. No, 50, dated 27-6-1983 under section 457/380, P.P.C. Police Station Kale and was on 10 days remand till 27-7-1983 with the police. This shows that the detention of Ghulam Shabbir was not illegal.
3. I have seen the papers of the case in which the detenu was arrested. The case pertains to theft.
The detenu is not named in the F.1.R. He has been interrogated by Sadiq Hussain S.I. for five days and no recovery has been effected from him so far. He also states that despite interrogation, he could not elicit from the detenu that he would lead to its recovery. In the circumstances, 1 am convinced that the detenu has a case for bail. Consequently I admit him to bail subject to his furnishing bond in the sum of Rs, 5,000 (Rupees five thousand only) with one surety in the like amount to the satisfaction of the Deputy Registrar (Judi.) of this Court. However, the detenu is directed to appear before the Investigating Officer as and when required.
Bail admitted.