Law:

Section:

Keywords: Information, Magistrate, Compliance, Order, Petition, Illegal, Period, Pendency Of The Appeal, Custody, Plea, Consideration, Habeas Corpus, Registered, Government, High Court, Guilty, Petitioner, Detention, Trial Court, Copy, Procedure, Fine Result: Petition dismissed ORDER ABDUL KADIR SHAIKH, C. J. The petitioner, Anis Ahmad son of Islam uddin is said to have been arrested at Mianwali on 18-2-1973 in a case in F. I. R. No. 10 registered on the same day with Eisakhel Police Station, District Mianwali under section 379/411, P. P. C. He was found guilty in that case by the Illaqa Magistrate, Mianwali, and sentenced to one year R. I. And a fine of Rs. 1,000 in default to undergo R. I. For 3 months. During the pendency of the appeal filed by him, the Sessions Court, Mianwali, released him on bail, and he came to Karachi. Here, he was concerned as accused in about five cases and was lodged as an under trial prisoner in the Central Prison, Karachi. His appeal was dismissed by the Sessions Court, Mianwali on 13-2-74, and a requisition was received from Mianwali Police for the transfer of the convict to undergo the sentence awarded to him by the Illaqa Magistrate, Mianwali. However, since he was an under trial prisoner in several cases at Karachi, the Additional District Magistrate (South), Karachi directed, by the order dated 8-8-7J, that his custody should be handed over to Mianwali Police after the cases pending against him at Karachi are decided, and an entry be made on the Jail Record that "the accused is required in Mianwali in Crime No. 10 dated 18-2-73". Petitioner has filed this application under section 491, Cr. P. C. With the request that he may be set at liberty as has been discharged in all the cases pending against him at Karachi. Mr. Abrar Hassan, learned counsel appearing in support of the application submits that tile Jail authorities should have transferred the petitioner to Mianwali Jail after he was acquitted on 4-9-76, in the last case in which he was required at Karachi, so that he may undergo the unexpired portion of the sentence awarded to him by the Illaqa Magistrate, Mianwali. In this behalf, he further submits that peti tioner's…

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