' Having been involved in case registered vide F.I.R. No.447 dated 24-5-2003 under section 13 A.O.
And 5 Explosive Substances Act, at Police Station Hangu, the accused-petitioner applied for his release on bail in the Court of learned Judicial Magistrate who dismissed the same vide order dated 15-7-2003. Thereafter; he moved the Court of learned Sessions Judge, Hangu but his application met the same fate when it wasrejected on 21-7-2003. Now he has moved this Court for his release on bail.
2. The accused-petitioner was found in possession of one Kalashnikov and two handgrenades.
3. I have heard Mr. Atlas Khan learned counsel representing the petitioner and Mr. Khalid Tanveer Rohaila, Advocate the learned counsel representing the State. I have also perused the record of the case.
4. The question as to whether the accused-petitioner was a saboteur or subvertionist and that the circumstances were such as to give rise to reasonable suspicion that the accused-petitioner was not making or did not have allegedly recovered Kalashnikov and explosive substances in his possession or under his control for lawful object would be determined after recording of evidence.
Though he was arrested from Khasari Camp Hangu but not a single independent witness was associated at the time of recovery. The investigation is complete and the accused-petitioner is no more required for the same and challan as per learned counsel for the State has also been submitted in the Court. I, therefore, allow the bail application in hand and direct that the accused- petitioner be released on bail provided that he furnishes bail bonds in the sum of Rs.200,000 (two lacs) with two sureties each in the like amount to the satisfaction of the Judicial Magistrate, who shall ensure that the sureties are local, reliable and men of means.