Shah Zaman son of Sheraz seeks bail in. case FIR No, 579 dated 11.7.2011 registered at PS. Badaber u/S. 13 AO read with Article 5 of the Explosive Substances Act.
2. The fact in brief are that Fazle Wahid Inspector SHO sent Murasila stating therein that he received information that Arif alias Abuzar accused in case FIR No, 107 dated 2.2.2011 u/Ss. 302/324/120-B etc. registered at PS. Badaber was present in the Hujra of one Fazal Amin situated in village Tela Band.
On this information he alongwith Salim Khan, Qayum Khan, Sher Afzal Khan Sub-Inspectors and the other police contingent raided the Hujra of Fazal Amin where he found Wahid son of Muhammad Din and Shah Zaman son of Sheraz present. On the cot. He found (1) HMG 81165/AB 75 loaded with 180 rounds (2) PRG 7170421 alongwith 3 rounds of Rocket Launchers, (3) LMG PR 3507 loaded with 45 cartridges (4) SMG XR 1480 loaded, with 20 live rounds (5) SMG 2515444 loaded with 20 live rounds, Rifle .303 Bore No, 3815 and two Hand Grenades lying on a cot. The aforesaid two persons present at the spot could not give any plausible explanation for their presence while Arif alias Abuzar was found absent. The above named two persons were arrested in the case and Murasila was sent to PS for registration of the case as such the aforementioned case FIR was registered.
3. Learned counsel for the accused-petitioner argued that despite prior information no public witness was associated. He further argued that the aforesaid articles were not recovered from the actual physical possession of the accused-petitioner and that the recovered articles wore not sent to the fire arms expert to ascertain as to whether the same were in working condition. He further Contended that the accused was not involved in any criminal case previously and that there are material contradictions in between the statement of prosecution witnesses recorded u/S. 161 Cr.P.C. as compared to the FIR.
4. On the other hand the learned counsel for the State argued that a huge quantity of Arms and Ammunitions was recovered and that the offences - with which the accused is charged falls within the prohibitory clause of Section 497 Cr.P.C.
5. Arguments heard and file perused.
6. Perusal of the record reveals that no public witness of the locality as required u/S. 103 Cr.P.C. was associated with the recovery proceedings. The so-called Arms and Ammunition recovered by the complainant were not sent to the expert to ascertain as to whether the same were in working condition and were operatable. According to the prosecution's own version the articles mentioned above were recovered from the Hujra of Fazal Amin. Neither he was made an accused nor a witness and that the articles were found lying on a cot as such the case of accused becomes one of further inquiry. Moreover consent sanction of the Provincial Government for prosecution of the case as required u/S. 7 of Explosive Substances Act, has not been obtained so far. In this view of the matter this application is allowed. The accused-petitioner be released on bail subject to furnishing bail bonds in the sum of Rs, 2 lac with two sureties each in the like amount to the satisfaction of the Illaqa/Judicial Magistrate.