1. ' The applicant has been booked in a case for an offence punishable under section 13(d) Arms Ordinance, 1965.
2. ' The facts of the case, as disclosed in the F.I.R. Lodged by Inspector Khuda Bux Panhwar incharge C.R.O., Jacobabad, are that on 29-5-2004 at 2350 hours he was present in his office at Jacobabad, when he received spy information about presence of culprits in village. Khair Muhammad Jamali at' Garhi Khairo. He raided the village and apprehended the applicant along with 5 persons more.
3. He recovered Klashnikov and 120 bullets from the applicant and guns//rifles from others.
4. ' I have heard Mr. Attar Abdul Sattar, learned counsel for applicant and Mr. M.I. Bhutto, learned counsel for the State, the latter concedes to grant of bail.
5. ' Learned counsel for the applicant contended that despite spy information the police did not associate any independent person and raided the village of the applicant in total violation of the provisions of section 103, Cr.P.C. He relied on Atta Hussain v. Sate (PLD 2002 Kar. 113) and Imran Ahmed v. State (2001 M LD 986), in support of his contentions. He further pointed out that although the F.I.R. Mentions about recovery of unlicensed guns and rifles from other 5 persons, but the order of the learned Magistrrate, who granted bail to them shows that those were licensed fire-arms.
6. ' Mr. M.I. Bhutto submits that the raid was conducted during night and the provisions of section 103, Cr.P.C. Should have been complied with, but the .Police has failed to observe a legal provision.
7. The principles laid down in the cases cited by the learned counsel for applicant support the bail plea. Nevertheless, the principle laid down by the Hon'ble Supreme Court in State v. Bashir (PLD 1997 SC 408) is fully applicable to the instant case. Even on facts, the applicant has a better case. In the cited case the place raided was near a graveyard, but in the instant case a big village has been raided by police and headman of the village has been apprehended in utter disregard of the statutory provisions of section 103, Cr.P.C. A case for bail, as. Such is made out.
8. ' Resultantly, the application is allowed. The applicant be released on furnishing surety in the sum of Rs.50,000 and P.R. Bond in the like amount, to the satisfaction of the trial Court.