' This order will dispose of Criminal Miscellaneous Nos.545/H and 546/H of 1994 moved by the petitioners. Farzand Ali and Samar Mehdi, under section 491, Cr.P.C. For the recovery of Sajid Ali Shah, Habib alias Pappu and Ahsan Raza detenus from the illegal confinement of the respondent S.H.O.
2. The alleged detenus have been produced before this Court by the S.I. Police Station City, Muzaffargarh.
3. I have perused the report of the bailiff and the police record. The names of the detenus, Sajid Ali Shah, Habib alias Pappu and Ahsan Raza do not find mention in the F.I.R.
4. Muhammad Jamil S.I. States that Sajid Ali Shah, Habib alias Pappu and Ahsan Raza were arrested in a case F.I.R. No,548 for the offence under sections 302, 148 and 149, P.P.C. On 14-124994 on the subsequent statement of the complainant recorded under section 161, Cr.P.C. On the same day, wherein he stated that Ahsan Raza, one of the detenus, disclosed that Muhammad Younas deceased was murdered by Sajid Ali and Habib alias Pappu. It was further stated that Ahsan Raza had brought the deceased to the scene of occurrence.
5. For the facility of reference, section 54(1), Cr.P.C. Is reproduced, which reads as under:-- "54.---(1) Any Police Officer may, without an order from a Magistrate and without a warrant, arrest- -- first, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned."
6. It appears that although wide powers have been conferred upon the Police Officer under section 54, Cr.P.C., but these powers have to be C construed, interpreted and defined strictly. The complainant, in his statement under section 161, Cr.P.C., dated 14-12-1994, has altogether narrated a different story from the one which was reported by him earlier in the F.I.R. This information and that too imparted by Ahsan Raza, who has also subsequently been prayed as an accused in this case, does not fulfil the requirement of clause (1) of section 54, Cr.P.C.
7. Under these circumstances, I convert this petition into the bail I E application.
8. Notice. Mr. Muhammad Iqbal Khichhi, Assistant Advocate-General is present on Court's call. He accepts notice on behalf of the State. He has not opposed the bail of the detenus.
I, therefore, allow the detenus, Sajid Ali Shah, Habib alias Pappu and Ahsan Raza, to be released on bail on their furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) each with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Muzaffargarh.
' The aforesaid detenus shall join the investigation as and when required by the police. If they do not do so the State shall be within its right to apply for the cancellation of their bail.