1. ' NAZIM HUSSAIN SIDDIQUI, J.--- The case of prosecution, in brief, is that on 28-7-1992 the applicants, who were already in custody in Crime No,79/92 under section, 379, P.P.C. Of Police Station B-Section, Nawabshah led the police and personals of law enforcing agency, to a watercourse near Kiria graveyard and produced from there a .7 mm rifle, a klashnikov, five pistols, a dagger, two knives and about 100 bullets of klashnikov and pistol, which were secured under a Mashirnama prepared in presence of Mashirs Ghulam Rasool and Javed Akhter. On completion of investigation, the charge-sheet was submitted against them, under section 13-E, Arms Ordinance, before the Court.
2. ' The applicants applied for bail and their bail application was dismissed by learned Judge, Special Court, Suppression of Terrorist Activities, Sukkur Division at Khairpur, vide order, dated 4-10-1992.
3. ' It is contended on behalf of the applicants that case against them is false and that neither they led the police party and nor any weapon was secured in their presence. Admittedly, it is case of joint pointation and the evidence of this nature is of no evidentiary value. On this point reference can be made to the cases reported in (1) Abdul Ghani and 3 others v. The State 1976 PCr.LJ 1462, (2)
4. Mehboob v. The State 1984 PCr.LI 263. It is admitted fact that applicants were in police custody in another case at the time alleged recovery was effected. Prima facie, the applicants were neither in possession nor in control of said watercourse and its surrounding area, where anybody could go.
5. The case is not covered by the prohibitory clause of section 497, Cr.P.C.
6. ' Accordingly, bail is granted to both the applicants in the sum of Rs,1,00,000 (Rupees one lac) and P.R. Bond of the like amount for each to the satisfaction of the Nazir of this Court.