' This is an application for bail on behalf of Muhammad Waris who is an accused in case F.I.R.
No,306/91 registered on 9-10-1991 under section 7/20/91, A.O., 3/4, Explosive of Substance Act and section 4/C of Suppression of Terrorist Activities Act, for the recovery of six hand-grenades.
' According to the F.I.R. An A.S.I. Received an information on 9-10-1991 that the petitioner is an addict type of person and he is in possession of some hand-grenades, so a raid was conducted and the hand-grenades were recovered from him.
2. The petitioner moved an application for his bail before the learned Judge, Special Court constituted under the Suppression of Terrorist Activities at Gujranwala, Division Gujranwala which was refused vide his order dated 28-7-1992.
3. The learned counsel for the petitioner submits that all the six hand-grenades allegedly recovered from the petitioner were jammed and rusted out and even those being not serviceable could not have been opened. This was the report given by the Inspector of Explosive, Lahore regarding these hand-grenades and then the Superintendent of Police has referred this case to the Ordnance Depot, Gujranwala who vide his report dated 19th July, 1992, certified that the grenades were severely rusted and jammed and those were also declared as unserviceable.
Anyhow he advised that those should be destroyed without any further delay as their transportation/handling was found as dangerous to life. It was also argued that the petitioner is in the jail for about last one year, so his case does fall under the proviso attached to subsection (1) of section 497, Cr.P.C.
4. Conversely, the learned counsel for the State opposed the bail application and submitted that the grenades allegedly recovered from the petitioner were dangerous to life, so he is not entitled to be released on bail.
5. I have given my anxious consideration to the arguments advanced by both sides and have gone through the record. From the outset it was found that 'the hand-grenades allegedly recovered were unserviceable, rusted out and jammed. This was the report given by the Inspector Explosive, Lahore as well as by the Ordnance Depot, Gujranwala. Even otherwise, the petitioner is in the jail for last about one year and the trial against him has not commenced so far. I am of the view that the case against the present petitioner does fall under proviso of subsection (1) as well as under subsection (2) of section 497, Cr.P.C. I, therefore, direct that the petitioner shall be released on bail provided he furnishes bail bond in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the trial Court.