' By a common order Criminal Bail -Applications Nos.585 and 636 of 1999 arc being disposed of as they arise out of common order.
2. The facts leading to the filing of these applications are that on 29-4-1998. Complainant Kh.
Muhammad Mukhtar Butt was present in the upper portion of his house and at about 7-25 p.m., he heard firing and saw one person armed with pistol on the ground floor and 4 other persons entered in the lawn of his tenant and also one Suzuki carry standing in the lawn. He immcchatel phoned to 134 and also Police Station, Mode! Colony, Karachi and communicated them the above information. He saw one tape-record and one V.C.R. In the hands of the culprits and were trying to sit in the Suzuki and meanwhile police mobile arrived there surrounded them and arrested two culprits there and then whereas 3 succeeded in running away. The apprehended accused disclosed their names as applicants Syed Murtaza Ali and Shabbir Ahmed, who were having TT Pistols loaded with 4 rounds and one tape-recorder and one V.C.R. They disclosed the names of their accomplices as Ismail, Asif and Sharif Niazi. Complainant's tenants Ghulam Ali and Muhammad Ali in whose house the incident took place, came out of their house, and stated that the applicants, with their accomplices entered in their house. Fired from pistol and thereatened to take away tape-recorder, VCR, one golden ring and one golden chain from the house. Police recovered the arms, tape-recorder, VCR and Suzuki and prepared Mashirnama at the spot.
3. It is contended by the learned counsel for the applicants the applicants are innocent and have nothing to do with the alleged offence and have been falsely implicated by the police. They next argued that their false involvement is apparent from the fact that the complainant Kh. Muhammad Mukhtar Butt the owner of house, tenants Muhammad Ali and Ghulam Ali had filed their affidavits before the trial Court wherein they stated on oath that the applicants had not committed any offence as alleged, but had gone to Muhammad Ali, complainant's tenant to collect their outstanding amount where altercations took place and complainant, the landlord, due to misunderstanding phoned police from the upper storey of his house. All the 3 had categorically stated in their affidavits that the applicants according to them did not commit any offence. They further argued that up to this time neither interim nor final challan has been put up as such the applicants are in illegal confinement since 29-4-1999 and their detention is without lawful authority, therefore, they are entitled to be released on bail. In support of their contentions they relied upon the case-law reported in 1992 PCr.LJ 1374 and 1997 PCr.LJ 1736
4. On the other side Messrs. Habib Ahmed, Arshad Lodhi, A.A.-Gs. And Sharafat Ali Khan for the State could not controvert the above contentions even after inquiring the facts from*Investigating Officers namely, Inspector Syed Shaukat Ali and Inspector Deen Muhammad Mazari, present in Court.
5. On the contention that the applicants after their arrest have not been sent up to face trial before any Court and are lodged without orders from lawful authority, this Court on 17-6-1999 had directed to call Investigating Officers. Consequently Inspectors Deen Muhammad Mazari and Syed Shaukat Ali, the then S.H.Os. Of Police Station, Model Colony have appeared in Court today.
Inspector Deen Muhammad Mazari stated that he was transferred on 5-5-1999 and handed over the investigation to Inspector Syed Shaukat Ali, who admitted that by this time he has not submitted either interim or final challan in the Court of law, from which it appears that the applicants are illegally detained without orders from any lawful authority. This is not the only case, but I have dealt with identical case being Criminal Bail Application No,468 of 1999, wherein the applicant was detained without any charge-sheet for about 8 months. It seems that as if the police is above the law and is not accountable to anyone. The accused are being treated worse than animals for whom even clerk (Munshi) in charge of cattle pond keep record of the cattle impounded in the cattle pond. In the referred case of Muhammad Aslam v. The State, reported in 1997 PCr.LJ 1736 it has been observed at page 1739 as follows: "7. It is thus clear that in the circumstances of the case since the report/interim report was not submitted within the time prescribed under section 173, Cr.P.C. The dentention of the petitioner in jail after the period of fourteen days has become unlawful and is vocative of the Articles 9 and 10 of the Constitution. In somewhat similes circumstances, a learned D.B. Of the Karachi High Court in Asmr Khatoon v. Syed Shabbir Hussair. Shah (PLD 1996 Kar. 517), referred to above, has held as follows:--- 'Applying sections 173 and 344, Cr.P.C. To this case, it is obvious that no report in terms of section 173 was submitted either, again rendering the continued custody of the accused without lawful authority' ."
6. Irrespective of this the complainant present in Court confirms the averments made in the affidavits and categorically exonerates the applicants from the involvement in the offence.
7. In the light of the above discussion the applicant's continuous detention becomes unlawful. They are granted bail and shall be released on furnishing surety in the sum of Rs,50,000 each and P.R.
Bond in the like. Amount to the satisfaction of the trial Court.
' A copy of this order be sent to the learned Inspector-General of Police, Sindh for perusal and necessary action with intimation to this Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.