2013 PLP 2650 (YLR)

SHAH JEHAN KHAN AKHUNDZADA, J.

Having been involved in case registered vide F.I.R. No.304 dated 14-3-2013 under sections 13/ 14 Arms Ordinance, at Police Station Pahari Pura Peshawar, the accused-petitioner Shafiq moved application for his release on bail before learned Judicial Magistrate concerned Peshawar, who vide his order dated 16-3-2013 dismissed the same. Thereafter he moved the Court of learned Additional Sessions Judge-XIV, Peshawar but his application was rejected vide order dated 26-3-2013. Now he has moved this Court for his release on bail.

2. As per contents of the F.I.R., on 14-3-2013 at 13.05 hours Rehman Ullah S.H.O. while on routine gasht of the Illaqa received information that huge quantity of arms would be smuggled towards Punjab through 2-D Motorcar bearing Registration No.LF-171/Islamabad, he made a barricade at Ring Road near Motorway bridge, meanwhile the said vehicle came from Peshawar side which was stopped and its driver disclosed his name as Shafiq son of Ghafoor. On personal search of the driver nothing incriminating recovered but on search of the vehicle he recovered 8 shotguns, 1500 live rounds of 7.62 bore, 8500 live rounds of .30 bore, ten Pistols .30 bore with numbers and five Pistols of .30 bore without numbers from the Degi of the vehicle for which the accused could not produce any valid licence or permit. All the recovered arms and ammunitions were seized and taken into police custody. Accused was arrested on the spot and he drafted a Murasila which was sent to the police Station where on the basis of it a case was registered against the accused vide F.I.R. mentioned above.

3. I have heard the learned counsel for the accused-petitioner as well as the learned counsel for the State and have also gone through the record.

4. Without dilating upon the merits of the case, suffice it to say that none of the offences with which the accused-petitioner is charged will fall within the prohibitory limb of section 497, Cr.P.C. because the offence in question entails punishment for seven years and apart from the above legal proposition there is also no history available with the prosecution that the accused-petitioner has ever remained indulged in offences of the same nature and similar kind, therefore, being first offender he deserves lenient treatment in the matter of bail too. Investigation in the case is complete and no useful purpose would be served to the prosecution to keep him behind the bars for indefinite period. Reliance is placed on 1977 SCMR 449.

5. For the foregoing reasons, I accept this application and admit the accused-petitioner to bail provided he furnishes bail bonds in the sum of Rs.1,00,000 (Rupees One Lac) with two sureties each in the like amount to the satisfaction of Illaqa/Judicial Magistrate who shall see that the sureties are local, reliable and men of means. MWA/351/P Bail granted.