1. ' ,MUHARRAM G. BALOCH, J.--- 1. Granted.
2. Through this application, applicant/accused, Muhammad Dilshad son of Muhammad Irfan, requests for his enlargement on bail in Crime No,437 of 2008 registered under section 13-D, Arms Ordinance of Police Station Jamshed Quarters, Karachi.
2. Learned counsel for the applicant submits that the applicant has been granted bail in Crime No,436 of 2008 registered under section 392/34, P.P.C. At Police Station Jamshed Quarters, Karachi, vide order dated 15-12-2008 by the learned Incharge Sessions Judge, Karachi East. According to him, the applicant has been granted bail in the main case and the offshoot of the said is F.I.R.
3. No,437 of 2008 which is under section 13-D, Arms Ordinance. He further submits that as a rule when the bail is granted in the main case then bail cannot be withheld in the cases arising out of the same transaction of crime such as under section 13-D, Arms Ordinance. He further submits that both the trial Court and the learned Vth Additional Sessions Judge have not taken into consideration the above fact that the applicant has been granted bail in the main case and on the contrary it was opined by the learned Vth Additional Sessions Judge that such order is not binding on that Court.
4. ' Learned Additional Prosecutor-General at the very outset, submits that the bail could have been granted to the applicant in a case of 13-D, Arms Ordinance on the ground that it was the offshoot of the main case and that the same is not punishable for more than three years. He further submits that withholding the bail in such cases is exception and grant of bail is a rule. Therefore, he frankly conceded to the grant of bail application.
5. ' Consequently, the applicant is granted bail in the sum of Rs,30,000 (Rupees thirty thousand only) with one surety and P.R. Bond in the like amount to the satisfaction of the trial Court.