2013 P Cr (PLP)

DOST MUHAMMAD KHAN, C.J.

This single order shall also decide B.A. No.138-P of 2012 entitled "Ulas Khan and others v. The State" because the petitioners in both the petitions are seeking bail in case F.I.R. No.36 dated 17-1-2012 registered for crimes under section 13/14, Arms Ordinance by Police Station Mathani. Arguments heard and record perused.

2. On 17-1-2012 at 1400 hours, S.H.O. Syed Naseem Hayat on a tip off intercepted Car No. GAE-2999 on Kishingarh Road in which besides the driver, the petitioners were also found. On search from the secret cavities different types of Arms Ammunitions including Repeater Shotgun, Kalashnikov rifles, Kalakoves and pistols with cartridges were recovered.

3. As the place, where the occurrence took place is a borderline between the Tribal and settled area, hence, presumption is that these Arms Ammunitions were being smuggled into the settled area or to the down country, however, the police has extended undue concession to the accused by applying sections 13 and 14 Arms Ordinance alone.

4. These offences carry punishment not falling within the prohibitory part of section 497, Cr.P.C. and because the note appended to the Schedule of the Criminal Procedure Code clearly states that all offences under the Arms Ordinance shall be bailable, thus, the court is left with no discretion to refuse bail and default clearly lays with the Government of the day which has not attended to this grave mischief because in all big cities target killings and street crimes are committed with the help of such arms. Neither the licensing system has been duly channelized nor the law and rules framed by the Britishers are adhered to and strictly followed because arms licences are granted at random without subjecting it to verification by the police, the Revenue Department, Lumberdar of the village and other notables, certifying that the person applying for it is a man of good antecedent and because this benevolence extended to political supporters and affiliates have confronted the country and the nation with target killings which is the order of the day and street crimes too which are unmanageable and uncontrollable for the police.

5. The Secretary Interior Government of Pakistan Islamabad and Secretary Home Government of KPK both are directed to look into the matter seriously. A comprehensive consensus of Arms and Ammunitions throughout the country and the Province be carried out and the entire record/information, so collected, be computerized and preserved while licences, which are issued without proper verification to any person in mysterious circumstances, be re-considered and in case anyone is found to be a man of questionable credentials or is involved in any activity, prejudicial to the public order and peace or is posing threat to the Government and the State, be cancelled alter providing opportunity of hearing.

6. As in this case the court is left with no option but to grant bail, hence, these petitions are allowed and all the petitioners are granted bail provided each of them furnishes bail bonds in the sum of Rs.30,00,00 (Three lac) with two reliable sureties, each in the like amount, to the satisfaction of Illaqa Judicial/Duty Magistrate with clear undertaking that in case they are again found involved in similar offence then, the same would amount to violation of the bail bonds they have to execute and will forfeit the right of bail in the second case. MWA/382/P Bail granted.