' ASSADULLAH KHAN CHAMKANI, J.---Through the instant petition, petitioner Muhammad Sherin son of Jaffar Khan seeks his post arrest bail in case F.I.R. No,218 dated 13-6-2012 registered for offence under sections 419/420/468/471, P.P.C. Read with section 5, Explosive Substances Act at Police Station Gumbat District Kohat. ,2. As per prosecution version, on 13-6-2012 at about 1400 hrs, complainant Sakhi Rehman S.H.O.
Along with other police personnel laid Nakabandi when in the meanwhile a motor bearing Registration No,3786/Peshawar emerged on the scene, which was signalled to stop for the purpose of checking. Resultantly, from the possession of driver of the said motor car, a hand grenade was recovered, who on inquiry disclosed his name as Muhammad Sherin, the present petitioner, who did not possess any valid documents of the vehicle, hence he was arrested on the spot and the hand grenade along with motor car were taken into possession by the local police, thus, the case was registered against the accused.
3. Learned counsel for petitioner contended that as per opinion of APP he did not agree with the report of A.S.-I. That on the spot how he came to know that the vehicle number and registration documents are fake. Further submitted that the place of occurrence is thickly populated area but no statement of any independent witness has been recorded in respect of alleged crime. He was of the view that the record is silent regarding the fact that the hand grenade was having in possession of the petitioner for any unlawful purpose. He maintained that each section of law applied in this case carries punishment up to 7 years, therefore, in this view of the matter the petitioner is entitled to the concession of bail.
4. Learned State counsel while rebutting the arguments from other side contended that the petitioner was arrested by the police on the spot red handed and that the registration documents of the motor car were declared by the concerned Motor Registration Authority to be fake moreso, when the FSL report with regard to the hand grenade is in positive, thus, on the available material the petitioner has no case for the grant of bail.
' Arguments heard. Record perused.
5. Admittedly, sections 420 and 471, P.P.C. Are bailable while sections 419 and 468 P.P.C. Did not fall within the restrictive clause of section 447, Cr.P.C., so grant of bail in offences punishable with imprisonment for less than ten years is a rule and refusal is an exception. Regarding the offence under section 5 Explosive Substances Act, so far the prosecution has not collected any evidence or material that, the petitioner was having in his possession the grenade for unlawful purpose to carry out subversive activities or to cause damage to life and property. Moreover, no opinion of the expert has been brought on judicial file to show that the hand grenade was live and might explode.
When the learned State counsel was confronted whether the petitioner is a previous convict or involved in such like cases in the past, so his reply was in the negative. Additionally, the I.O. Has not found any link of the petitioner with the militants, therefore, in the given circumstances case for further inquiry is made out.
' For the aforementioned reasons, this petition is allowed and the B petitioner is granted bail in the sum of Rs,200,000 with two sureties each in the like amount to the satisfaction of learned trial court, who shall ensure that the sureties are local and men of means.