' While on Gasht of the area alongwith Azhar Hussain, Muhammad Safdar and Altaf Hussain, Constables; Muhammad Safdar A.S.I. C.I.A. Chakwal surprised Sardar Khan petitioner-accused on 2-4-1998 at 9-10 p.m. In Choa Chowk Chakwal and overpowered him. He took into possession one kalashnikov alongwith five live cartridges for keeping of which he could not produce the licence. He took into possession the aforesaid illicit arms vide memo. Attested by two constables. He sent the complaint to Police Station Saddar Chakwal where F.I.R. No,87 dated 2-4-1998 was registered under section 13-A of the Arms Ordinance, 1965. He prepared the site plan and recorded the statements of the witnesses. Sardar Khan was arrested there and then on 2-4-1998 who at present is in the judicial lock up. His bail plea has been rejected by the learned Additional Sessions Judge, Chakwal who has filed this petition before this Court for his admission to bail.
2. It is proper to express that during the proceedings an application was submitted against Muhammad Safdar A.S.I. C.I.A., Chakwal by Haji Wazir Khan father of Sardar Khan petitioner- accused to the Chief Minister Punjab, Lahore with the allegation that his son Sardar Khan was involved in a false case and that Muhammad Safdar A.S.I. C.I.A. Chakwal had forced him and received an amount of Rs.45,000 as illegal gratification. This application was sent to the Superintendent of Police, Chakwal who deputed Mr. Abdul Jalil D.S.P. Choa Syedan Shah to conduct the inquiry wherein it was held that the allegations against Muhammad, Safdar were correct who had received the illegal gratification. A copy of the inquiry report has been submitted by Mr. Abdul Jalil D.S.P Choa Syedan Shah who was called for this purpose. In this inquiry report it is contained that Muhammad Safdar A.S.I. Is involved in case F.I.R. No,107 dated 18-5-1998 registered at Police Station City Chakwal under sections 342 and 302 Pakistan Penal Code and it was intimated on the query of this Court that Muhammad Safdar A.S.I. Was in judicial lock up.
3. I have heard the learned counsel for the petitioner as well as the learned State counsel and the learned Additional Advocate-General. In my view there was no justification to dismiss the bail plea of Sardar Khan petitioner-accused. The inquiry report prepared by Mr. Abdul Jalil D.S.P. Is enough to make out that Muhammad Safdar A.S.I./complainant of this case transgressed his authority and that the involvement of Sardar Khan petitioner-accused shall have to be viewed with caution. The fact of the matter is that Chowk Choa Chakwal is a habited place where the presence of general public even at 10.30 p.m. On 3-4-1998 is expected. No person from the public was joined in the recovery proceedings and rather no effort in the matter was made. The recovery memo. Was attested by two police constables and in view of the aforesaid material it can safely be expressed that the involvement of Sardar Khan petitioner is a question of further inquiry. When questioned by this Court it was intimated that no case of the instant nature was earlier registered or is pending against Sardar Khan petitioner-accused. Consequently, is I hold that Sardar Khan petitioner is entitled to be admitted to bail.
4. During the proceedings I examined the Daily Diary brought by Iftikhar Hussain Inspector/Incharge C.I.A. Chakwal being maintained in his office and was surprised to see that one entry with soft pencil prepared with respect to the registration of F.I.R. No,89 dated 3-4-1998 against Taj Muhammad son of Haji Wazir Khan, real brother of Sardar Khan petitioner of this application got registered by this very Muhammad Safdar A.S.I. Was erased. The Daily Diary is to be prepared with hard pencil. Further every entry is shown to have been made by the Moharrir C.I.A. Staff Chakwal and not by the concerned Police Officer(s). It is prima facie violative of section 44 of the Police Act, 1861 when interpreted in the strict sense. The maintenance of the Daily Diary in the aforesaid manner has made me to hold that the same suspicious in nature and the entry was made to defend the working of Muhammad Safdar A. S . I .
5. During the hearing of the arguments on the bail application I directed the office to call the Assistant Director, Anti-Corruption Rawalpindi. However, Ch. Riyasat Ali, Additional Director Anti- Corruption, Rawalpindi was courteous to arrive immediately. He was asked to register the case at the instance of Wazir Khan father of Sardar Khan petitioner against Muhammad Safdar A.S.I. For obtaining the illegal gratification. Both the said Wazir Khan and Ch. Riaz Hussain witnesses of the receipt of illegal gratification are present who shall accompany the Additional Director Anti- Corruption, Rawalpindi for this purpose. Muhammad Safdar, A.S.I. Shall be arrested by the Anti- Corruption Department in this case which shall be further processed with and concluded in accordance with law. During the proceedings Mr. Abdul Jalil, D.S.P. Made the futile attempt to defend Muhammad Safdar A.S.I., C.I.A. Chakwal about his involvement in the murder case registered at F.I.R. No,107, dated 18-5-1998 at Police Station City Chakwai under sections 342/302 Pakistan Penal Code. He expressed that one old person was taken to CIA Staff, Chakwal where he fell and died of heart attack. He was told that he had been summoned to produce the inquiry report, a photostat of which was handed over by him to the Reader of this Court and has been added with this file. He expressed that even the Medical Officer has exonerated Muhammad Safdar A.S.I. This type of unholy defence of Muhammad Safdar A.S.I., C.I.A. Staff Chakwal by Mr. Abdul Jalil cannot be appreciated. In the circumstances I would pass the order that in case the discharge report is submitted before the Area Magistrate by the S.H.O. Police Station City Chakwal in this murder case, a copy of the order to be passed either way shall be sent by the Area Magistrate through the learned Sessions Judge, Chakwal to the Registrar of this Court at Lahore which shall be placed before me for my perusal.
6. A copy of this judgment shall be sent to the learned Sessions Judge, Chakwal as well as the Additional Director, Anti-Corruption, Rawalpindi.
7. For what has been said above, I accept this petition and admit Sardar Khan petitioner-accused to bail in the sum of Rs.20,000 (Rupees twenty thousand only) with one surety in the like amount to the satisfaction of the learned Sessions Judge, Chakwal with the direction to appear before the learned trial Court on every date of hearing failing which his bail may be cancelled by the learned trial Court.