1. SADIQ HUSSAIN BHATTI, J.--- Applicant/accused Muhammad Adnan alias Abu Hamza son of Siddique Ahmed alias Sadiq, seeks bail after arrest in Crime No.855/2013 registered on 13.12.2013 under Section 23(i)A of the Sindh Arms Act, 2013 at P.S. CID, West Karachi.
2. We have heard Mr. Muhammad Nazir Tanoli, counsel for Applicant as well as Mr. Khadim Hussain, D.P.G. and carefully perused the record with their assistance.
3. Mr. Khadim Hussain learned DPG opposed the bail application on the ground that it is an offence of Terrorism; arms and ammunitions as well as explosives substance was recovered from possession of the present applicant, which disentitles him for grant of bail.
4. Allegations against the present accused are that on the day of occurrence complainant along with his subordinate staff, while on patrolling, received spy information that one terrorist belonging to Tehreek-e-Taliban Pakistan will come near Custom House to commit some huge incident of terrorism, upon which he reached at the pointed place and encircled a suspected person and apprehended him, who disclosed his name as Muhammad Adnan alias Abu Hamza son of Muhammad Siddiq Ahmed alias Sadiq. On his personal search recovered one 30 bore TT Pistol, without license, containing six live bullets, a separate magazine containing six live bullets and from his pocket 94 rounds. From his right hand side pocket recovered two desi hand grenades and Rs.250/-. Separates cases under sections 4 and 5 of the Explosives Act and 23(1)(A) of the Sindh Arms Act were registered against him.
5. The office committed by the present applicant/accused is an act of terrorism, which creates fear and insecurity amongst the people, which disentitles him from concession of bail. Even no enmity has been alleged against the police officials. The offence alleged falls within the prohibitory clause of Section 497 Cr.PC. It is settled principle of law that at the time of deciding the bail application only tentative assessm ent of the same is to be made. Reliance can be placed upon the case of Mrs. Riaz Qayyum Vs. The State (2004 SCM R 1889) which is reproduced as under:- "It is settled principle of law that an elaborate sifting of evidence cannot be made at the time of deciding bail application but only tentative assessment of the same is to be made. Thus, pirma facie there appears to be a reasonable ground disentitling the petitioner's husband, namely, Khalifa Abdul Qayyum, to the concession of bail."
6. For the above stated reasons, prima facie, there are reasonable grounds to connect the applicant/accused Muhammad Adnan alias Abu Hamza in the commission of offence.
7. Consequently, application for bail after arrest moved on behalf of accused Muhammad Adnan alias Abu Hamza is dismissed, with directions to the trial Court to conclude the trial, expeditiously.
8. Needless to mention here that observations made hereinabove are of tentative nature and the trial court would not be influenced at the time of deciding the case on merits.