PESHAWAR, March 4: An additional district and sessions judge, Syed Ahtesham Ali, on Saturday confirmed pre-arrest bail to three persons, including a juvenile, in a theft case.

The court observed that apparently the FIR registered against the three applicants was based on malafide intentions, as police had kept the applicants in illegal detention and released them on the order of the court.

The applicants, Khan Muhammad, and his two nephews, Usman (aged 14) and Wali Marjan, were charged in an FIR registered on the complaint of an Afghan national, Abdullah Khan, at the Faqirabad police station on Nov 19, 2005.

The complainant alleged that the applicants had stolen 12kg of gold he had placed on the roof of a cab. The Chairman, Voice of Prisoners, Noor Alam Khan, appeared for the applicants and contended that according to the complainant, the gold was stolen on Oct 19, whereas the FIR was registered after a month.

He stated that in November last, a habeas corpus petition had been filed in the court of district and sessions judge. The petitioner had alleged that the Faqirabad police had been keeping Khan Muhammad and his nephew Wali Marjan in illegal detention.

Awal Khan also claimed that he had also been kept in illegal detention for two weeks.

Mr Khan stated that in the said habeas corpus petition, the court had deputed a bailiff who had found the two detainees in illegal police detention and released them on Nov 18.

He said the court had also directed the provincial police officer to take action against the responsible police officers.

Mr Khan argued that the very next day of their release, the police had registered the FIR based on malafide intentions.