' Through this application under section 497, Cr.P.C. The petitioner seeks bail after arrest in case F.I.R. No,112 registered on 22-6-2001 under sections 7/21/91 of Surrender Illicit Arms Ordinance, 1991, with Police Station Barana, District Jhang recorded on the statement of Ghazanfar Ali, S.-I.
2. The brief facts of the case are that the petitioner was apprehended by the police and on his personal search a .12 bore gun was recovered from his custody. The petitioner could not produce any licence hence the abovesaid case was registered.
3. Learned counsel for the petitioner contends that the case is false and has been lodged with mala fide intention. The petitioner was not in possession of any weapon and the case has been got registered in connivance with opponents of the petitioner by the S.H.O. In order to pressurize the petitioner to enter into the compromise with his opponents. It is further contended that the case does not fall within the prohibitory clause.
4. Learned State Counsel has opposed the bail application.
5. I have heard the learned counsel for the petitioner and also perused the record. The allegation against the petitioner is that a .12 bore gun was recovered from the petitioner which offence admittedly does not fall within the prohibitory clause and the personal search has been made by the police officer. The petitioner on the other hand has argued that the registration of the case is with mala fide intention and ulterior motive as the S.H.O./Investigating Officer is acting on the behest of the opponents of the petitioner. The case does not fall within the prohibition clause and the involvement of the petitioner prima facie is doubtful as the only police witnesses have been cited as the recovery witnesses without joining any person of the public. The petitioner has succeeded in making out a case for bail.
6. This application is accepted and the petitioner is allowed bail subject to his furnishing bail bonds in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of the Judicial/Duty Magistrate.