1. Brief facts leading to present bail application are that on 10-10-1995, A.S.-I. Dost A.I alongwith his subordinate staff H.C. Muhammad Siddique, P.C. Javed A.I and PC Muhammad Aslam was on patrol duty. At about 9 p.m, when he reached near K.M.C. Chowk, Mewa Shah Graveyard, he saw a person in suspicious condition. When he was arrested he disclosed his name as Muhammad Rizwan son of Shamsul Haq and from his personal search one TT .30 bore Pakistan-made having Star Mark and a loaded magazine with 6 cartridges were recovered from the left side of his Shalwar. The accused could not produce any licence, as such, he was arrested and a case being FI.R. No.190 of 1995 under section 13-D of Arms Ordinance was registered against hid at Pak Colony Police Station. Police after usual investigation submitted the challan before the Special Court (STA), Karachi.
2. A bail application on behalf of the present applicant was moved before the trial Court which was rejected.
3. The learned counsel for the applicant has mainly argued that the challan was submitted on 18-10- 1995 and since then no progress has been made. He submits that the applicant is an old man aged about 48 years and TT pistol has been foisted upon him. He further submits that admittedly it is a thickly populated area and no private person was asked to act as Mashir and all the Mashirs are police officials.
4. Mr. Suleman Habibullah has no objection to the grant of bail as the TT pistol is neither sealed nor Mashirnama of recovery was prepared at the spot: He also submits that the recovered pistol has not been sent to the Ballistic Expert for opinion.
5. It is an admitted fact that the Mashirnama of alleged recovery has not been prepared at the spot and no reason is advanced by the prosecution for not doing so. Preparation or Mashirnama of recovery and its attestation by the Mashirs at the spot is mandatory and its preparation later on at the police station or some other place cast doubts regarding verasity of recovery. As such, bail is granted to the applicant on his furnishing one surety in the sum of Rs.1,00,000 (one lac) and P.R.
6. Bond in the like amount to the satisfaction 'of the trial Court.