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1989 MLD 4803

MUHAMMAD SHAFIQUE vs THE STATE

Citation1989 MLD 4803
CourtLahore High Court
Case No.Criminal Miscellaneous No. 1699-B of 1989
Date1989-06-21
Judge(s)Rashid Aziz Khan
ResultBail allowed

ORDER

1. Muhammad Shafique alias Momni, petitioner, seeks bail in case registered against him under section 13/20/65 of Arms Ordinance 1965 read with section 512 Cr.P.C. With Police Station Baghbanpura, Gujranwala, vide F.I.R. Dated 25-7-1985. The allegation against the petitioner is that on information received, the police raided the house of the petitioner. The petitioner came to know of the raid, therefore, he slipped away from his house. In his absence, the house was searched and from one room one kalashinkov with two magazines and 70 bullets were recovered.

2. It is contended by learned counsel for the petitioner that no case against the petitioner is made out. Submits that the petitioner was not even present when the house was searched. Contends that the petitioner is employed m Karachi, and, therefore, was living with his family there. Submits that the recovery of kalashinkov, even if accepted, cannot connect the petitioner with the commission of any offence. The contentions have been opposed by learned counsel for the State.

2. I have heard the learned counsel and perused the 'record. Admittedly, the house of the petitioner was searched in his absence. In such circumstances, it will be a case of further inquiry whether the petitioner can be saddled with the responsibility of kalashinkov being recovered from his house.

3. The contention of the learned counsel that during the days of occurrence and thereafter he used to live in Karachi, would be gone into at the time of recording of evidence. Prima facie: I feel it is a case of further inquiry. Therefore, the petitioner is allowed bail provided he furnishes security in the sum of Rs. 50,000 with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate concerned.

4. S.A./M-1626/L

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