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2002 YLR 170

Rai GHULAM ABBAS vs S. H.O.

Citation2002 YLR 170
CourtLahore High Court
Case No.Criminal Miscellaneous No, 945-H of 2001
Date2001-10-18
Judge(s)Muhammad Farrukh Mehmood
ResultBail granted

ORDER

' Rai Ghulam Abbas, petitioner, had moved this application for recovery of Muhammad Akbar who was allegedly being improperly and illegally detained at the Police Station Makhdoom Rashid, District Multan.

2. A bailiff of this Court was deputed to recover the detenu. The detenu has been produced before this Court by the respondent and the Bailiff has also submitted his detailed report.

3. According to the report of the Bailiff, the detenu was nominated accused in the case F.I.R. No,235 of 2001 registered at Police Station Makhdoom Rashid, on 9-10-2001, for offence under sections 354, 506 and 34, P.P.C. However, it has been clarified in the said report that it was shown in the case diaries and the daily diary that the detenu was arrested on 17-10-2001 at 7-20 a.m.

4. According to Muhammad Akbardetenu, who is present in Court, he was being detained at the police station for the last 10/11 days, while according to S.H.O.-respondent, he was arrested on 17- 10-2001. The. Detenu has also stated that he was not subjected to torture.

5. Be that as it may, admittedly the age of Muhammad Akbar, detenu, is about 13 years, therefore, in the interest of justice, I convert this petition into bail application.

6. I have heard the learned counsel for the petitioner as well as the respondent S.H.O. And also gone through the record. Section 354, P.P.C. Is bailable, while section 506 P.P.C. Does not attract the prohibitory clause of section 497, Cr.P.C. Muhammad Akbar, accused, is admittedly of tender age about 13 years, his case is covered by the proviso (1) to section 497, Cr.P.C. As well as under the provisions of Juvenile Justice System Ordinance, 2000, therefore, I admit Muhammad Akbar to bail, subject to his furnishing bail bonds in the sum of Rupees. Three thousand, with one surety in the like amount to the satisfaction of the Deputy Registrar (J) of this Court.

Cited by 2 cases

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