2006 P Cr (PLP)

ANWAR ZAHEER JAMALI, J.

The applicant who is nominated accused in Crime No.237 of 2002, Police Station Garden for commission of offence punishable under section 415 of Explosive Substances Act, 1908 and is facing trial in Session Case No.2 of 2003, pending before the Court of VII-Additional Sessions Judge; Karachi South, has moved this application under section 497, Cr.P.C. for seeking his release on bail in the said crime.

2. As per prosecution story, on spy information police party headed by Inspector Irfan Ahmed Khan apprehended the applicant near Garden Road Officer Colony, Main Gate Federal Lodge, having one brown colour bag in his hand from which three handgrenades, three books containing explosive material with clips and one T.T. pistol were recovered. From his further search another T.T. pistol with magazines and five bullets was also recovered from the fold of his Shalwar. Accordingly F.I.R. was lodged at 1850 hours on 12-11-2002.

3. After due investigation challan was submitted before the trial Court on 20-12-2002 wherein only three books containing explosive material with brown colour regazine bag have been shown as case property.

4. Mr. Aamir Mansoob Qureshi, learned counsel for applicant has mainly urged the ground of inordinate delay in proceedings of the case against the applicant. He contended that the applicant was arrested by the police on 12-11-2002 and since then for more than one year and ten months he is in custody. During this period his case pending before the trial Court has been transferred to three different Courts of Additional Sessions Judges but the net result is that as yet even charge has not been framed against the applicant. He contended that in such circumstances there is also no possibility of any rapid progress of the case in near future. With reference to the report of Explosive Expert dated 18-12-2002, he urged that the said Expert has not been cited in the list of prosecution witnesses and further there is also no reference of such report in the challan. In such circumstances keeping in view that the alleged recovery of three handgrenades and T.T. pistols has been totally eliminated from the charge-sheet. The case of applicant needs further enquiry, thus he is entitled for bail.

5. On the other hand Mr. Sardaruddin Qureshi, learned State counsel squarely placed reliance on the report of Explosive Expert which shows that the three books type substance recovered from the applicant have been certified as explosive device which was being carried by the applicant at the time of his arrest and the only purpose of keeping such explosive device could be to use it for destruction of human lives and properties. He, therefore, strongly opposed the plea of bail of the applicant.

6. I have carefully considered the arguments advanced by the learned counsel and perused the relevant record.

7. It has not been disputed by the learned State counsel that though one year ten months' period has passed that the applicant is in custody but as yet even charge has not been framed in his case. Further, as per the contents of F.I.R. the allegations against the applicant are that at the time of his arrest three handgrenades, three books type explosive substance and two T.T. pistols with bullets were recovered from him, while in the challan submitted before the trial Court there is no reference of three handgrenades and two T.T. pistols recovered from the applicant nor the name of Explosive Expert has been cited in the list of prosecution witnesses. Further the sanction/consent of the Provincial Government as required under section 7 of the Explosive Substances Act, 1908 also seems to be lacking. Such deficiencies in the case of prosecution makes it a case of further enquiry and in such circumstances, coupled with inordinate delay in the proceedings of the case before the trial Court the applicant is entitled for grant of bail.

8. For the foregoing reasons the applicant is admitted to bail on his furnishing surety in the sum of Rs.3,00,000 (Rupees three lacs) and P.R. bond in the like amount to the satisfaction of trial Court. H.B.T./M-108/K????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.