QAZI EHSANULLAH QURESHI, J.---For reasons to be recorded later, this application is allowed and the petitioner is directed to be released on bail in the sum of Rupees three lacs with two sureties each in the like amount to the satisfaction of Ilaqa/Judicial Magistrate, who shall see that the sureties are local, reliable and men of means. EJAZ AFZAL KHAN, J.--The petitioner who is charged in case registered against him under sections 13/14, Arms Ordinance read with section 7 of Illicit Arms Act vide F.I.R. No,459 dated 30-9-2001 of Police Station Cant., D.I. Khan for having been found in possession of illicit arms and ammunition when failed to get the concession of bail from the lower forum has moved this Court for the same relief.
2. Learned counsel for the petitioner contended that though the police had prior information that the petitioner is keeping illicit arms and ammunition, they did not take along two respectable inhabitants of the locality to witness the search and that there is absolutely nothing on the record to show as to why the mandatory provision of section 103, Cr.P.C. Providing for the conduct of search in presence of two respectable inhabitants of the locality was dispensed with.
3. On the other hand, the learned State Counsel contended that the search was conducted in presence of a local councilor, therefore, contention of the petitioner's counsel is not correct.
4. A perusal of the F.I.R. Would reveal that the illicit arms and ammunition allegedly recovered from the house of the petitioner are not of the type as would fall within the ambit of section 2(iv) of the Illicit Arms Act, instead those are of the type which would fall within the ambit of section 2(v) of Act (ibid), which is punishable with imprisonment which may extend to fourteen years and the extreme punishment can only be awarded when the antecedents of the accused so justify. In the absence of any such antecedents, we doubt that the petitioner is likely to be awarded an extreme penalty.
5. For the foregoing reasons, we allow this application and admit the petitioner to bail provided he furnishes bail bond in the sum of Rupees three lacs with two sureties each in the like amount to the satisfaction of Ilaqa/Judicial Magistrate, who shall see that the sureties are local, reliable and men of means.