1994 P Cr (PLP)

S. 497(2)

West Pakistan Arms Ordinance (XX of 1965), S.13-D

Bail, grant of

Co-accused had already been granted bail by Trial Court

Accused was not alleged to have played any role of aggression and his case did not fall within the prohibitory clause of S.497, Cr.P.C: --Case needing further enquiry, bail was granted to accused. Jai Jai Veshno for Applicant. Muhammad Siddique Kharal, Addl. A: G. for the State. The present applicant has been involved in a case under section 13-D, Arms Ordinance. registered with Police Station Khanpur. The prosecution case is that on the date of incident, the police had gone to the village of accused for securing one Mano Mal who was kidnapped from Karampur. On seeing police party and law enforcing Agency, accused started running but the police arrested the present applicant alongwith 5 other co-accused. From their possession 5 weapons of different kinds were secured. From the present applicant, the police secured rifle alongwith three live bullets of 303 and therefore, the police registered case under section 13-D, Arms Ordinance against all the accused. The bail applications for other co-accused from whom the guns were recovered were moved before the Court of Civil Judge and F.C.M. Khanpur and they were granted bail. The bail application moved for present applicant has been rejected by the learned Sessions Judge. Therefore, the applicant moved the present bail application. I have heard the learned counsel for the applicant who has submitted that the present applicant has been involved in this case mala fide and the rifle allegedly has been foisted on him. He has further submitted that no independent witnesses are shown against the present applicant and the Mashirs of alleged recovery are police officials as the accused were arrested at Fajar time from the village. He has further submitted that the bail application was rejected by the learned trial Court merely for the reason that the police secured unlicensed weapons of different kinds from their possession and it has become daily routine in this part of area that not a single day goes without a crime of kidnapping, robbery, or dacoity. A few days back in all 5 persons have been abducted from Shikarpur District. The grounds for the application of bail for present applicant were not considered. From the above discussion I find that the co-accused have already been granted bail by the trial Court. The applicant is not said to have played any role of aggression and the sentence that can be awarded does not come within the prohibitory clause of section 497, Cr.P.C. In view of the above the case of the present applicant is one that calls for further enquiry. I grant this bail application. The applicant shall be released on bail subject to his I furnishing one surety in the sum of Rs.1,00,000 (one lac) with one surety and P.R. bond in the like amount to be furnished to the satisfaction of the trial Court. N.H.Q./B-245/K Bail granted.