' This is an application for bail after arrest in case F.I.R. No,213 registered under sections 4/5, Explosive Substances Act, 1908 at Police Station Pirwadhai, Rawalpindi.
2. According to the prosecution case, two live hand-grenades were recovered from the petitioner at 4-00 p.m. On 1-7-2002. Report from Bomb Disposal Squad was obtained by the police. Needless to state that hand-grenades fall, within the definition of Explosive Substance.
3. Mr. Sanaullah Zahid, Advocate for the petitioner contends that the petitioner is less than 18 years of age and falls under the definition of a child under section 2(b) of the Juvenile Justice System Ordinance, 2000. In support of the age of the petitioner the learned counsel has appended a certificate of Hifz-ul-Qur'an, wherein his date of birth is shown as 1985. The learned counsel has also placed reliance upon Mansoor Ahmad and others v. The State 2002 657 and Raja Amanullah and another v. The State 2002 M LD 1817 to support his contention that the petitioner was entitled to bail on this ground. It was next submitted that section 4 of the Explosive Substances Act, 1908 was not attracted.
4. Arguments have been heard. Record perused.
5. In accordance with the allegations in the F.I.R. The petitioner was apprehended while carrying a bag who tried to escape after seeing the police picket. The petitioner was overpowered at the spot and upon search two live hand-grenades were recovered from the bag which he was carrying.
6. The contention of the learned counsel for the petitioner that the petitioner was entitled to bail under section 10 of the Juvenile Justice System Ordinance, 2000 has no force. According to the proviso to section 10 (ibid) where a child of the age of 15 years or above is arrested, the Court may refuse to grant bail if there are reasonable grounds to believe that such child is involved in an offence which in its opinion, is serious, heinous, gruesome, brutal or is sensational in character.
According to his own showing, the petitioner was almost 17 years of age. He had to be overpowered by the police in order to recover the two live hand-grenades.
7. The contention of the petitioner that the petitioner dues not fall under section 4 of the Explosive Substances Act, 1908 is also not prima correct. In view of the above, the petitioner has nut been able to make out a case for grant of bail. The pention is dismissed. Any observation made above is purely tentative and shall not affect the merits of the trial.