1. ' ABDUL RAHIM KAZI, J.---The present applicant is involved in the case registered as Crime No,125 of 1994 registered with P.S. Malir, Karachi. The allegations against the applicant as per F.I.R. Is that on the date and time of incident, he along with six others had led a procession by having formed an unlawful assembly. They are said to have been armed with lethel weapons and were provocation the gathering by raising sectarian slogans. The further allegations against them are that they were inciting the people. They are alleged to have put the Bus bearing No,JA-2879 to fire and also indulged in firing. The police party reached there and by firing in the air, they disbursed the gathering. Such F.I.R. Was registered promptly. The present applicant was subsequently arrested after five months of the registration of the F.I.R. And after having completed the usual investigation the case was sent up for trial. A bail application was moved on behalf of the applicant, which was rejected and, therefore, this bail application.
2. ' We have heard Mr. Umer Farooq Khan, the learned counsel for applicant and Mr. Zawar Hussain Jafri, the learned Assistant Advocate-General. The contention of the learned counsel for the applicant is that only the offence under sections 435 and 324, P.P.C. Are non-bailable offences but they are not punishable for more than 10 years and as such the applicant would be entitled to bail as the same is the rule. He has further submitted that there is no independent witness implicating the applicant in the case and there is no recovery from the applicant. He has also submitted that the police has not taken into custody the burnt vehicle and that this is a case of further enquiry. He has placed reliance on the case reported in 1979 SCM R 60.
3. ' As against this the learned Assistant Advocate-General has submitted that the F.I.R. Was lodged promptly, name of the applicant is in the F.I.R and that he had been dodging his arrest for a period of five months when ultimately he was arrested. According to learned Assistant Advocate-General the applicant is involved in raising secterian slogans and inciting the gathering and causing provocation. He has also alleged to have put the vehicle on fire and that the case is triable by the Special Court under the provisions of Suppression of Terrorist Activities (Special Courts) Act. He has vehemently opposed the bail application.
4. We have given anxious consideration to the submissions made by the learned counsel. It may be observed that the alleged offences are non-bailable offences and, therefore, the bail cannot be claimed as a matter of right just because the maximum punishment to be awarded is not more than 10 yeaRs, Move over, this is a case which is triable by the Special Court as stated above and, therefore, the applicant has to make out a very strong case for the grant of bail. The above circumstances show that the name of the applicant is mentioned in the F.I.R. Which is promptly registered. According to the learned Assistant Advocate-General the witnesses in their statements recorded under section 161, Cr.P.C. Have implicated the applicant. In these circumstances, we are of the view, that there is evidence on the record which links the present applicant with the commission of alleged offences. In these circumstances, we find no force in this bail application, which is accordingly dismissed. However, these observations are tentative in nature and will not be taken into consideration during the trial of the case.