2012 YLR 2352 (PLP)

QAISER RASHID KHAN, J.

The State through. Advocate General Khyber Pakhtunkhwa, has filed this application under section 497(5), Cr.P.C. for the cancellation of bail granted to the accused/ respondent Abdul Sattar by the learned Additional Sessions Judge-IV, D.I.Khan vide order dated 21-12-2011 in case F.I.R. No.272 dated 14-10-2011 under sections 4/5 Explosive Substances Act/13 A.O of Police Station Dera Town, D.I.Khan.

2. The precise facts of the instant case as per F.I.R. are that S.H.O. Dera Town reported that on 14-10-2011 at 1500 hours, on the report of informer under the charge of DSPs City, Kulachi and Headquarter along with police party, a search operation was conducted in the hope of arresting proclaimed offender Imran Gandapur, involved in various cases of sectarianism and terrorism as well as members of his gang and in this regard they raided the house of accused/respondent and found there a rocket launcher, 6 rounds of rocket launcher, gun powder weighing one kilogram, prima wire five feet long, which were allegedly kept for some terrorist designs, hence the ibid F.I.R. was chalked out.

3. Learned State counsel submitted that the accused/respondent is a member of a terrorist gang of Imran Gandapur and the latter is involved in several cases of target killings and is a proclaimed offender; that a huge quantity of arms and ammunitions were recovered from the house search of accused/respondent for which he could not furnish any valid licence or permit; that the learned lower court has wrongly relied on newspaper publications of two Urdu dailies while granting bail to the accused/ respondent and the said order be set aside and the accused/respondent be directed to be taken into custody.

4. Arguments heard in limine and record perused.

5. As per the F.I.R., the S.H.O. Police Station, Dera Town reported that on 14-10-2011 at 1500 hours under the charge of DSP City, DSP Kulachi and DSP Headquarter, a raid was conducted to nab the proclaimed offender Imran Gandapur involved in several cases of sectarianism and terrorism and in this respect the house of accused/respondent Abdul Sattar was searched where they found arms and ammunitions and he was apprehended on the spot. Thus the entire proceedings as per the F.I.R. were conducted on 14-10-2011 and the accused/respondent was arrested on the same very day. However, the clippings of two newspapers of local Urdu dailies available on file reveal an altogether different story as the details of the F.I.R. were reported verbatim, albeit on 6-10-2011 i.e., eight days prior to the registration of the very F.I.R. which forms the basis of the case against the accused/respondent. In this respect I have also gone through the impugned order where the learned Additional Session Judge-IV, D.I.Khan has taken serious view of the manner in which the S.H.O. Police Station Dera Town namely Saif-ur-Rahman has given false information/evidence regarding the commission of the alleged offence and even ordered for proceedings against the said S.11.0. Without commenting upon the said part of the order of the learned Additional Sessions Judge-IV, D.I.Khan, suffice it to say that prima facie the police in a bid to show greater degree of efficiency has gone an extra' mile while lodging the F.I.R. but in the process caught on the wrong foot. It appears that the accused/respondent was firstly nabbed and charged afterwards, which safely take the matter to one of further inquiry and rightly done so by the learned Additional Sessions Judge-IV, D.I. Khan in the impugned order which is unexceptionable and does not call for any interference.

6. Consequently, I find no substance in this bail cancellation application which is accordingly dismissed in limine.

7. Before parting with this order, it is clarified that any observations made in this order are only for the disposal of the instant application and should in no way prejudice the proceedings before the trial Court where the case be decided on its own merits after recording evidence. MWA/93/P????????????????????????????????????????????????????????????????????????????? Application dismissed.