1. ' Applicant Amir Hayat is charged with offence under sections 411/ 468/471 and 473, P.P.C. Pursuant to F.I.R. No,86 of 1998, Police Station Shah Faisal Colony. It is alleged that the applicant was found in possession of stolen property (Car) and some instruments and material which can be used for changing. Number Plates, chasis number etc. Were also found from his possession.
2. Mr. M. Iqbal Ahmed, learned counsel for the applicant, however, before touching upon the merits of the case argued that the applicant was arrested on 11-5-1998 and according to section 173(1)(b), a challan at least an interim challan was required to be filed within a maximum period of seventeen
(17) days allowed by law. Admittedly, no such challan was filed. Consequently, according to law, his detention is unlawful and he is at least entitled to bail. Reliance has been placed inter alia, on a judgment of this Court in Moosa v. The State (1996 PCr.LJ 361) and of the Lahore High Court in Muhammad Yaseen v. State (1999 PCr.LJ 1295).
3. ' Mr. Sharafat Ali Khan, learned counsel for the State concedes the above legal position and submits that the maximum punishment provided for the alleged offences is seven (7) years' R.I.
4. In view of the above, I would grant this application and direct that the applicant be released from custody upon furnishing solvent surety in the amount of Rs,50,000 (Rupees Fifty thousand only) with P.R. Bond in the like amount, subject to the satisfaction of the Trial Court unless he is required in any other case.