1. 'Granted as it has served the purpose.
2. The applicant has applied for pre-arrest bail in crime No,298/2007 under section 11-F(1) (b) (ii) of Anti-Terrorism Act, 1997 read with sections 123/124, P.P.C. Registered at PS Mubina Town, Karachi. He was admitted on interim pre-arrest bail vide order dated 15-1-2008 which has come up for confirmation or otherwise. Learned counsel for applicant has primarily contended that the applicant was not present in his room of NED Hostel when the alleged material was recovered by the Investigating Officer, which was accessible to all, therefore, in all fairness it could not be held that the material secured from the applicant's room belonged to him.
2. ' It is next urged that the applicant has been connected with the crime on the basis of statement of the main accused Waqas who was arrested from the place of incident and has been challaned to face the trial. It is stated that the applicant is the student of final year Mechanical Engineering, has no affiliation with any organization. In case of his false involvement his entire career would be at stake and his further shall be jeopardized. It is also pointed out that the name of the applicant appears in column No, 2 of the challan whereas a new set of accused has been booked as depicted in the F.I.R, manifestly shows mala fide on the part of Investigating Agency. Learned counsel for the State Mr. Habib Ahmed has vehemently opposed the bail application.
3. ' We have considered the arguments advanced at Bar. On account of discrepancies in the submission of the F.I.R. And challan by the Investigating Officer showing two sets of the accused.
4. We are of the considered view that there appears mala fide on the part of the Investigating Agency to book the applicant in the commission of the crime. More particularly, when the recovery was effected from a place accessible to all free and open. In any view of the matter, the A punishment provided under the charged offence is less than 10 years, therefore, the applicant is entitled to the concession of bail. Interim bail, granted to the applicant, hereby stands confirmed on the same terms and conditions. Applicant is directed to join the proceeding pending before trial court.