1. ' SYED HASAN AZHAR RIZVI, J.---Through this Criminal Bail Application, the applicant seeks his post- arrest bail in case F.I.R. No,193 of 2011, registered under section 4/5 of the Explosive Act, at Police Station CID, Sindh, as the present applicant has been refused bail vide order dated 29-10-2011 passed by the learned 1st Additional District and Sessions Judge, Karachi West, hence this Criminal Bail Application.
2. ' Succinctly the facts of the case as narrated in the F.I.R. Are that the applicant along with his other companions, who are already arrested in another F.I.R. Bearing No,185 of 2011 disclosed the police that they can recover the Explosive material hidden by them in their houses and they led the police party for recovery of the same. The present applicant also led the police party into the house and recovered one suicide jacket, 25 Kgs Explosive material, six silencers 70, 1/C Electronic,. 100 rounds of KK, two bundle code, fuse wire 60 meter, upon which the instant F.I.R. Has been lodged against, the present applicant in presence of witnesses Muhammad Gul and PC. Tanveer Ahmed.
3. ' It is, inter alia contended by the learned counsel for the applicant that in fact the applicant was in custody since 28-4-2011 and in this regard he referred to a Roznamcha Entry of Police Station where it was alleged that on 28-4-2011 some persons entered the house and took away the present applicant, but the alleged F.I.R. Was lodged on 12-5-2011. It is further contended by the learned counsel that the applicant is innocent and has falsely been involved in the crime in question and the so-called recovery has been foisted upon the applicant. Learned counsel further contended that the applicant has already been granted bail by this Court in another F.I.R. Bearing No,189 of 2011 registered in the same offence as that of in the instant case on the ground that under section 7 of the Explosive Substances Act, 1908 no permission has yet been obtained from the Provincial Government for prosecution. In support of his case, learned counsel has relied upon the case of Nusrat Ali v. The State (1997 SCM R 876).
4. ' On the other hand, learned Additional Prosecutor-General, Sindh has not been able to controvert the contention of the learned counsel for the applicant in respect of the permission from the Provincial Government for prosecution as required under section 7 of the Explosive Substances Act, 1908. Learned Additional Prosecutor-General, Sindh concedes that the memo of recovery filed by police in the instant case has already been submitted in the case F.I.R. No,187 of 2011, in which the applicant has already been on by this Court.
5. ' I have heard the learned counsel for the Applicant, learned Additional Prosecutor-General, Sindh as well as perused the material available on record.
6. It is an admitted position that the applicant has already been granted bail by this Court in another F.I.R. Bearing No,189 of 2011 as no permission has yet been obtained from the Provincial Government for prosecution under section 7 ibid with the observation that non-availability of sanction/consent of the Provincial Government under section 7 ibid makes the case of further enquiry.
7. In the facts and circumstances of the case, the applicant is granted bail subject to his furnishing solvent surety in the sum of Rs,1,00,000 (Rupees One Lac only) and PR Bond in the like amount to the satisfaction of the learned trial Court.