'TARIQ JAVID, J.---Mushtaq Ahmad, petitioner, through this petition, seeks post-arrest bail in case F.I.R. No,71 dated 8-4-2009, offence under section 13-A, Arms Ordinance XX of 1965 registered at Police Station, Petra District DG Khan.
2. Precisely prosecution story as contained in F.I.R. Is that the complainant was present with other police personnel at a check post within the jurisdiction of Police Station, Petra District DG Khan, when he spotted a Car T-6642/Karachi. The car was signalled to stop but instead driver increased the speed. However, on wireless set other police officials on patrol duty in the area were alerted and a chase was given accordingly. On Indus Highway, the driver left the car and succeeded to flee away. On search a huge quantity of illicit weapons were recovered i.e, 3 Kalashnikovs rifles, 36 magazines of Kalashnikovs, .12 bore gun, two mauzers, two pistols .30 bore and thousands rounds of ammunition of the above mentioned weapons. From the car a driving license and one arm license were also recovered which belonged to the co-accused and the petitioner.
3. Learned counsel for the petitioner has contended that the petitioner is only the owner of the vehicle wherefrom allegedly huge quantity of ammunition were being smuggled by unknown culprits who had hired the car owned by the petitioner; that neither the petitioner was involved in the smuggling nor he had committed the offence; that there is no incriminating evidence against the petitioner. In these circumstances the petitioner is entitled to the grant of bail.
4. On the other hand, learned DPG has vehemently opposed the prayer for grant of bail on the ground that huge quantity of arm ammunition has been ceased which was being transported by owner of the car; that the petitioner had guilty intention and that the fact that the car was got transferred by him into his name even after commission of offence shows that he is dare devil and has no fear of having been implicated; that if the petitioner is enlarged on bail, in this type of offence then it will encourage the guilty mind in the prevailing lawlessness throughout the country.
5. Heard. Record perused.
6. Admittedly the contentions raised by the learned D.P.-G. Carry a lot of weight. There is no doubt that the persons involved in this type of offences cannot be enlarged on bail. However, some incriminating evidence must be shown as the denial of bail to the accused is denial of very precious right of liberty of the accused. In this case Regional Police Officer was summoned to assist this Court as on the previous date of hearing the Investigating Officer could not render any assistance. The Regional Police Officer is very responsible officer has very honestly tried to bring out the facts. His keen interest in the honest and fair investigation of this case is very much appreciated.
7. However, so far no incriminating evidence has been produced before this Court which may connect the petitioner with the commission of offence. The seller from whom the said huge quantity of ammunition was purchased has also been arrested. So far neither there is any circumstantial evidence which may point towards the guilty intention of the petitioner nor did any of the co-accused apprehended in this case, have, in any manner, involved the petitioner. In these circumstances the petitioners' plea that he has put his car on rentals and the same was hired by the co-accused, who used the same without his knowledge regarding transportation of the smuggled ammunition cannot be easily brushed aside at this stage.
8. For what has been discussed above, this petition is allowed and petitioner is admitted to bail provided he furnishes bail B bonds in the sum of Rs,5,00,000 with two sureties in the like amount each to the satisfaction of the learned trial Court.
9. Before parting with this order it is observed that if the Investigating Officer finds any incriminating evidence against the petitioner or if petitioner does not join investigation the prosecution shall be at liberty to move application for cancellation of his bail. Office to send a copy of this order to the Regional Police Officer for further guidance in the matter.