1. Resident Magistrate, Pind Dadan Khan, forwarded the case against the petitioners to the learned Sessions Judge, Jhelum, and gave direction that the accused shall be produced there on 16-6-77. It is contended that the accused were committed to jail the fame day without any valid order. A query was made from the learned Sessions Judge as to whether any remand order had been passed by the learned Sessions Judge or not. A report has been received from the learned Sessions Judge to the effect that no order appears to have been passed on this file on 16-6-1977 or subsequently. Thus, it is quite evident that the petitioners are in jail without any remand order. The case titled Shadi Khan v. Muhammad Saleem and 3 others (1) is not applicable to the facts of this case. Since the petitioners are being kept in judicial custody without any order and their detention being illegal, I admit them to bail in the sum of Rs, 10,000 with two sureties in the like amount to the satisfaction of A. C., Jhelum.
(1) PLD 1978 SC 38