' This is an application for the recovery and production of Zafar Ahmad and Muhammad Ashraf from the illegal custody of Sangla Hill Police. Muhammad Irshad Bailiff was deputed to perform the said job. He has submitted a detailed report Exh.PA. According to him both the alleged detenus were found confined in the police lock-up of Sangla Hill Police Station. On inquiry he learnt that Muhammad Ashraf was a proclaimed offender in Case F.I.R. No, 160/1979 dated 6-9-1979 registered under sections 148, 302, 307/149, P.P.C. And that he had been arrested on 5-9-1988. As regards Zafar Ahmad he was told that he was arrested in case F.I.R. No, 270/88 dated 5-9-1988 registered under section 13 of the Arms Ordinance, 1965 and that his judicial remand had been obtained from the Court. According to the Bailiff the alleged detenus have told him that they were arrested by Shafqat S.I. Of the High Court Guard from the premises of the High Court on 3-9-1988 and that they had been taken to Old Anarkali Police Station where they were kept till 4-9-1988 and handed over to the police of Sangla Hill. According to the Bailiff he had contacted Moharrir of Police Station Old Anarkali who confirmed the above position.
' Abdul Raman, Additional S.H.O. P.S. Sangla Hill states that an order was received from the Legal Cell of headquarter 4 of Lahore Cantt. About the arrest of Muhammad Ashraf because he had not appeared before the Military Court and in his absence his co-accused were tried.
2. Learned counsel for the petitioner states that the arrest of both the alleged detenus is mala fide and illegal. Muhammad Ashraf the alleged detenu had been admitted to bail by the High Court on 9-7-1980 (Criminal Miscellaneous No, 2044/B of 1980) and the said order still holds the field and has not been cancelled by any Court, he states. He adds that no warrants of arrest were ever issued against him from any Court of law and that a serious illegality had been committed by the police in arresting him in the presence of s passed by the High Court. As regards Zafar Ahmad, it is stated that the recovery is fake and has been planted on him after his arrest on 3-9-1988.
3. Shafqat S.I. Of High Court Guard and Moharrir, Police Station Old Anarkali, Lahore are essential witnesses to be examined in the case. They may be summoned for 26-9-1988.
4. Since Muhammad Ashraf stands admitted to bail by the High Court in the aforementioned case, I order his immediate release from Sheikhupura Jail on the same terms and conditions. In view of the allegations leveled by the learned A counsel for the petitioner about the mala fide arrest of Zafar Ahmad he is also admitted to bail in the sum of Rs,7,000 with two sureties in the like amount to the satisfaction of A.C./Duty Magistrate, Sheikhupura.
' Both the aforementioned detnus shall appear before the Court on the said date or any subsequent date that may he fixed. .