2008 PLP 2408 (YLR)

MUHAMMAD ALAM KHAN, J.

After the rejection of his application for bail by the learned Judge, Anti-Terrorism Court Dera Ismail Khan vide order dated 25-3-2008 in case F.I.R. No.23 dated 19-1-2008 registered under sections 3/4 of the Explosive Substances Act read with section 7 of Anti-Terrorism Act at Police Station Cantt: D.I. Khan, the accused/petitioner Asmat Ali, has come up to this Court for the same purpose through the application in hand.

2. The F.I.R. reveals that the accused/petitioner along with one Etizaz Shah were arrested by the police party of Police Station Cantt: Dera Ismail Khan on 19-1-2008 at 17-00 hours when they were found sitting in suspicious condition in an un-numbered white colour Toyota Corolla Motorcar on Nakabandi point near the under construction Girls College in front of Central Jail Dera Ismail Khan and a huge quantity of incriminating materials were recovered from the physical possession of accused Etizaz Shah. The accused/petitioner was driving the said motorcar at the time, but he had failed to produce any valid documents in respect of the motorcar in question.

3. It was argued by learned counsel for the petitioner that there is no direct evidence on record to connect the accused/petitioner with the offence; that nothing incriminating was recovered from his conscious and physical possession; that the petitioner was driving the motorcar at the relevant time as a Taxi which the accused Etizaz Shah had hired from Bannu to Dera Ismail Khan and that investigation in the case is complete and the petitioner is no longer required for the same purpose.

4. Learned counsel for the State has, however, opposed the grant of bail to the petitioner on the ground that he was arrested along with co-accused Etizaz Shah in suspicious condition in an un-numbered motorcar; that he had failed to produce any valid documents for the vehicle in question and that he is equally responsible along with his co-accused Etizaz Shah, from whose direct and physical possession a huge quantity of incriminating materials had been recovered.

5. I have considered the arguments advanced at the bar and gone through the record of the case.

6. Be that as it may, but presently tentative assessment of the materials available on record, prima facie, brings the case of the accused-petitioner within the ambit of `further enquiry', as nothing incriminating has been recovered from his physical possession; investigation in the case is complete and the petitioner is no more required for the purposes of investigation.

7. Therefore, this application is allowed and the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs. Five lacs with three sureties in the like amount each to the satisfaction of Ilaqa/Judicial Magistrate, who shall ensure that the sureties are local, reliable and men of means. Above are the reason for my short order of even date. H.B.T./106/P Bail granted.