1. ' Mr. Ilamuddin Khattak, learned counsel for the applicant has argued that in this case the applicant is charged with being a member of the assembly of 5 persons who were found duly armed by the police and that there was exchange of firing. They were challaned by the police. The applicant was arrested alongwith an unlicensed arm. The police after arresting the applicant has registered two cases against him for an offence under sections 399, 402, 353/186, 324, P.P.C. And other under section 13-D, Arms Ordinance. The applicant has been challaned in the trial Court for offences under sections 399, 402, 353/186 read with section 324, P.P.C. The trial Judge has refused the request of the applicant for grant of bail and the applicant has approached this Court.
2. Mr. Ilamuddin, has argued that the circumstances in which the applicant was said to be arrested do not make out a case for preparation to commit a dacoity and he has relied upon a case reported in 1994 PCr.LJ 576. As regards the allegation that the applicant and the other accused had fired upon the police while police had also retaliated by firing in the air, the police had not recovered any empty from the Wardat and according to him at the best a separate case under section 13-D will decide the case for being in possession of unlicensed weapon.
3. ' Mr. Amir Hani, AA.-G. Opposed the grant of bail arguing that it has become common in our society now-a-days that the armed persons commit dacoity and according to him in such cases bail should not be granted.
4. I have considered the arguments addressed at the bar and also the facts. The case reported in 1994 PCr.LJ 576, is on similar facts in which a Division Bench of this Court has granted bail. I, therefore, respectfully agree with the authority of this Court and consider that it is a fit case for grant of bail to the applicant. The applicant is, therefore, ordered to be released on bail, subject to furnishing one surety in the sum of Rs,50,000 to the satisfaction of the trial Court and P.R. Bond in the like amount.