Through this petition under Section 497, Cr.P.C. petitioner Sheer Muhammad seeks his post arrest bail in case FIR No.07/23 dated 27.03.2023, in respect of offence under Section 7 of Anti-Terrorism Act, 1997 and Sections 4 and 5 of the Explosive Substances Act, 1908, registered at Police Station, CTD, Rawalpindi.
2. The allegation against the petitioner is that on 27.03.2023 at about 8.30 a.m., he was apprehended by the police party on a tip-off and upon search of blue colour shopper held by him in his right hand, explosive substance weighing 470 grams along with four feet safety fuse wire and four detonators were recovered. Hence, this case was registered.
3. Arguments heard. Record perused.
4. This is 2nd petition on the subject, first one bearing Crl. Misc. No. 1189-B of 2023 was dismissed by this Court for want of prosecution vide order dated 31.05.2023.
5. Allegedly, the petitioner being the member of proscribed organization was possessing explosive substance weighing 470 grams along with four feet safety fuse wire and four detonators at the time of his arrest by the police. No evidence was collected against him during investigation showing that he had been indulged in any anti-state activities or a member of any proscribed organization. The petitioner has no antecedent of such like activities and even no other criminal case has so far been registered against him. He was arrested in this case on 27.03.2023 and since then, he is behind the bars. Report under Section 173, Cr.P.C. has not been submitted in the trial Court despite elapse of more than 3 1/2 months, meaning thereby there is no likelihood of early conclusion of the trial in the near future. In the attending circumstances, the petitioner cannot be kept behind the bars for an indefinite period as a measure of advance punishment. Moreover, according to the "Form-B" issued by the NADRA and matriculation certificate issued by Board of Intermediate and Secondary Education, Peshawar, date of birth of the petitioner is 18.06.2006. The alleged incident has taken place on 27.03.2023, as such at that time the age of the petitioner was below seventeen years, therefore, he being juvenile and teenager deserves concession of bail as prayed for.
In view of above, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.200,000/- (rupees two lac) with two sureties in the like amount to the satisfaction of the trial court.