2014 PLP 597 (MLD)

SHAH JEHAN KHAN AKHUNDZADA, J.

Accused-petitioner Abdul Jabbar involved in case F.I.R. No.76 dated 16-3-2013 under sections 13/14 Arms Ordinance registered at Police Station, Ormar was refused bail by the Courts below. So he has now moved the instant application for his release on bail.

2. The facts of the prosecution case, as set out in the F.I.R., are that on 16-3-2013 at 07.10 hours on receiving a spy information that huge quantity of arms and ammunitions would be smuggled from tribal territory towards Punjab via Baghban Road through Datsun Pickup bearing Registration No.C-5200/ Bannu, complainant Rehmat Ullah Khan S.H.O. along with his other police contingents made a barricade on the Baghban Road, meanwhile the said vehicle came from Shamshatu side which was stopped for checking. The driver of the vehicle disclosed his name as Abdul Jabbar alias Abdul son of Nazar Shah. On summary interrogation the accused disclosed about the arms and ammunitions kept in the secret cavities of the vehicle. Since no equipments were available on the spot, therefore, the vehicle along with its driver was brought to Police Station and there search of the vehicle led to the recovery of fifteen repeaters without number, 15 M-$ type of 30 bore rifles along with fifteen spare chargers, four 30 bore rifles in the shape of Kalakov without number along with eight spare chargers, ten Pistols of 9-MM along with rounds of 9 MM bore each packet containing 500 rounds total 2000 rounds from the secret cavities of it. All the recovered arms and ammunitions were seized and taken into police custody, arrested the accused on the spot and drafted a Murasila which was sent to the police Station where on the basis of it a case vide F.I.R. mentioned above was registered against accused Abdul Jabbar alias Abdul.

3. I have heard the learned counsel for the 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 fall within the prohibitory clause of section 497, Cr.P.C. because the offences in question entail punishment for seven years. Apart from this fact there is no history available with the prosecution that the accused-petitioner has ever been indulged in offences of the same and similar kind, therefore, being first offender he deserves lenient treatment in the matter of bail too. Moreover, investigation in the case is complete and he is no more required for further investigation and no useful purpose would be served to the prosecution to keep him behind the bars for indefinite period. In this regard reliance is placed on 1977 SCMR 449. 5, For the above reasons, this petition is accepted and the accused-petitioner is granted bail on furnishing bail bonds in the sum of Rs.2,00,000 (Rupees Two Lac) with two sureties each in the like amount to the satisfaction of Illaqa/Judicial Magistrate who shall see that the sureties must be local, reliable and men of means. The above are the reasons of my short order announced on 17-4-2013. MWA/237/P Bail granted.