' SAJJAD ALI SHAH, J.---It is the case of the prosecution that petitioner while in custody in another criminal case, disclosed and led to his shop at 1-45 a.m. And after opening it produced Klashnikov with magazine containing 10 bullets. He had no licence, hence the case was registered against him in which he was convicted under section 13 of the Arms Ordinance, 1965 by the Special Court and sentenced to R.I. For 5 years and fine of Rs,20,000 or in default R.I. For 6 months. High Court has dismissed his appeal, hence this petition for leave to appeal.
2. It is submitted on behalf of the petitioner that there has been gross misreading of evidence brought on the record. Recovery witnesses are police officials and no attempt was made to join the public witnesses from locality. P.W.3 Rehmatullah A.S.I. And P..W4 Tahir Mehmood I.O. Have contradicted each other in their evidence on material particulars. According to the petitioner he was framed in a false case as he had made applications against police officers and his brother filed a writ petition against them. He produced two witnesses in defence namely D.W.1 Muhammad Amin and D.W.2 Rehmatullah, who deposed that shop was not raided by the police as alleged.
Documents produced in support of defence plea Exhs. DB, DC, DE, DF, DG and DH have not been considered in proper perspective particularly when enmity is put to police officers in their cross- examination and is admitted by them.
3. We grant leave to examine evidence in the light of contentions mentioned above. Sentence is suspended and bail is granted to the petitioner in the sum of Rs,20,000 with one surety and P.R. In the like amount to the satisfaction of the trial Court.