2023 PLP 1274 (YLR)

MUHAMMAD AAMIR NAWAZ RANA, J.

The applicant has sought bail after arrest in case registered against him on 29.05.2022 under Sections 5 of Explosive, Act, 1908, and under Sections 7, 11(F)(i), 11N, 21(i) of Anti-Terrorism Act, 1997. District and Sessions Judge/Special Judge Anti-Terrorism Court Dera Bugti at Sui (hereinafter "the trial Court") vide order dated 30.06.2022 had dismissed bail application of the applicant.

2. The perusal of FIR transpires that on spy information that few terrorists belonging to proscribed organization Balochistan Liberation Army (BLA) are in the area of Sang-Silla and in election days intend to conduct explosions; the Counter Terrorism Department (CTD) Dera Bugti got alert and as per contents of FIR, arrested the applicant who at the spot told his name as Muhammad Anwar son of Fateh Muhammad caste Mengal resident of Noshki and it was alleged in FIR that explosive material weighing 1260 grams and 6 meters Prima Wire, were recovered from the possession of the applicant and samples were obtained and parcels were prepared at the spot.

3. Learned counsel for the applicant mainly contended that nothing was recovered from the possession of the applicant and no sanction has been obtained by the prosecution which is mandatory under the law i.e. Section 7 of the Explosive Substances Act, 1908, therefore, the applicant is entitled for grant of bail.

4. The State counsel strongly opposed the grounds taken by the applicant and stated that offences mentioned are non bailable and since explosive substance has been recovered from the exclusive possession of the applicant, therefore, the applicant is not entitled for any relief. The arguments heard, record perused.

5. The tentative assessment as per material available on record transpires that allegedly explosive substance along with Prima Wire had been recovered from the applicant and prima facie, no animosity has been alleged against the prosecution by the applicant which could result in false implication of applicant in the instant case

6. We, considering the facts and circumstances of the case are of the opinion that deeper appreciation of the available record should be avoided and the evidence be analyzed tentatively at this stage so no prejudice should be caused to either side. Considering the facts of the case; reliance has been placed upon the order passed by Hon'ble Supreme Court of Pakistan in case titled as "Hazrat Nabi Shah alias Hazrat Khan v. The State and another" reported as 2020 SCMR 1672, relevant excerpt is as under: "The accused, both teenagers, respectively belong to different parts of Khyber Pakhtunkhwa, i.e. Peshawar and Mehmand Agency; they had apparently no business to be in a distant city and as such hypothesis of their manipulated arrest, as argued at the bar, may not find a buyer. Similarly, seizure of considerable quantity of explosives that included an hand grenade, a pistol and cash cannot be brushed aside on a bald denial alone as the local authorities do not appear to have an axe to grind. On the contrary, their surprise arrest and recovery of contraband constituted 'reasonable grounds' to bring their plea within the remit of Prohibition, standing in impediment to their release on bail."

7. That considering the facts discussed above and in view of order referred above passed by Hon'ble Supreme Court of Pakistan the bail application being meritless is hereby dismissed, however, the applicant is at liberty to approach trial Court in case new ground is available for him during course of the trial. The observations made herein-above are tentative in nature and same shall not influence merits of the case pending before trial Court in any manner. SA/155/Bal. Bail declined.