1. The applicant faces trial under section 13(d) of the Arms Ordinance before Special Court-III(STA)
2. Karachi. Bail was refused to him by such Court on 17-4-1996. Hence the present bail application in this Court.
3. As to facts, recoveries from the applicant consist of a .30 TT pistol and three live cartridges. Such vas made and the arrest was effected at 3 p.m. From a public place on 12-9-1996 but Mashirs of recoveries are only police officials. This raises the question whether the rule in section 103, Cr.P.C.
4. Was complied with. What is more, what to say or evidence being recorded in the case, no charge has yet been framed since 12-9-1996, the provisions of section 5-A(1) and (2) of the Suppression of Terrorist Activities (Special Courts) Act, 1975, requiring a day to day trial and no adjournments except in the interest of justice, notwithstanding. '
5. 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 A.I Shah (1992 SCM R 2192), Ejazur Rehman v. State (Criminal Petition No.140 of 1995 converted into Criminal Appeal No.445 of 1995) and Mir Abbas A.I Abidi v.
6. State (Criminal Petition No.58-K of 1996). Mention may also be made to Full Bench decisions of this Court in Shakeel v. State (Criminal Bail Application No.1073 of 1995) and Abdul Khalil v. State etc. (Criminal Bail Application No. 1329 of 1995 and others). We may, like wise, further drawn 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). The case of Ejazur Rehman v. State supra, it may be added here, came up for construction before a Full Bench of this Court in Dhani Bux v. State etc. (Criminal Bail Application No.1267 of 1995 and others) and the same, accordingly, is to be constructed in line with the majority opinion in the said full Bench case.
7. Disposed of.