1. ' The applicant has been indicted before Special Court I (S.T.A.), Karachi under section 13(d) of the Arms Ordinance. Bail was declined to the applicant by the trial Court on 9-6-1996. Hence the present bail application here.
2. The applicant was arrested on 22-5-1996 and from his person a .30 bore pistol was recovered for which he could not produce any licence whatever. Mashirs of recovery and arrest are, however, police officials, giving rise to a possible question whether the requirement under the principle of section 103, Cr.P.C. Was satisfied. What is more, no evidence for all this period has been recorded in the case, the provisions of section 5-A(1) and (2) of the Suppression of Terrorist Activities (Special Courts) Act, 1975, requiring day to day proceedings and no adjournments except in the interest of justice, notwithstanding.
3. ' As to the concept of grant of bail in such-like matters and how the discretionary powers of the superior Courts can be invoked, reference may be made to the pronouncements of the Supreme Court of Pakistan in State v. Qaim Ali Shah 1992 SCM R 2192, Ejazur Rehman v. State Criminal Petition No,140 of 1995 converted into Criminal Appeal No,445 of 1995, Mir Abbas Ali Abidi v. State Criminal Petition No,58/K of 1996. Mention may also be made fo Full Bench decisions of this Court in Shakeel v. State Criminal Bail Application PLD 1997 Kar. 172 and Abdul Khalil v. State etc. Criminal Bail Application 1997 PCr.LJ 198 and others. We may, likewise, further draw upon Division Bench decisions of the Lahore High Court and this Court respectively in Zulfiqar v. State 1991 PCr.LJ Note 275 at p.193 and Kamran v. State Criminal Bail Application No,999 of 1996 PLD 1997 Kar.
4. 484.
5. In the circumstances, and briefly referring to the applicable case-law as above, we admit the applicant to bail in the sum of Rs,1,00,000 (rupees one hundred thousand) with P.R. Bond in like amount to the satisfaction of the trial Court.
6. Disposed of.