YOUNUS alias MADI vs THE STATE

ORDER

1. ' MRS. QAISER IQBAL, J.--- The applicant is facing trial in Crime No,105 of 2007 registered at Police Station Kalakot, Lyari Town under sections 4 and 5 Explosive Act, 1908. His bail plea was rejected by the IIIrd Additional Judge Karachi South. He has approached this Court seeking post-arrest bail.

2. 'According to the prosecution complainant S.I.P. Muhammad Nawaz Chatta lodged report alleging that the incident had taken place on 30-3-2007 at 1055 hours at corner Gali No,5 near Rehmani Bakery and General Store, Hassan Ali Wali Muhammad Road, Nawalane, Kalakot, Karachi. It is alleged that in presence of the complainant and subordinate staff police has recovered one hand grenade along with five detonator pins and two packets of explosive substance, which were secured under the Mashirnama in presence of Mashir, the applicant was arrested, connected in the charge offence.

3. ' Learned counsel for the applicant primarily contended that the applicant is in custody from the last two years, charge has not yet been framed. The explosive substances found in possession of the applicant were not sent to the Expert.

4. ' It is next urged that alleged recovery of hand-grenade along with five detonator pins and two packets of explosive substance does not connote that the applicant had committed the offence as charged. On account of absence of the export report, case against him requires further inquiry.

5. ' Learned State Counsel has vehemently opposed the bail application on the premise that the substantial evidence comprising of different material is available against the applicant which connotes his implication in the commission of crime.

6. ' I have carefully considered the arguments advanced at bar and perused the record of the case.

7. Learned State Counsel has not disputed that the applicant is confined in custody from the last two years, yet proceeding against the applicant has not yet been commenced. The allegation against the applicant are that he was found in possession of hand grenade along with five detonator pins and two packets of explosive substance at the time of his arrest out of which only grenade was sent to the Expert, materially some of the property alleged to have been recovered were suppressed. It will not be out of place to mention here that sanction of the Provincial Government as required under section 7 of the Explosive Substances Act, 1908 also seems (sic) to the case against the applicant requires further inquiry as contemplated under subsection (2) of section 497, Cr.P.C. In support of his contention reliance has been placed in the report of Muhammad Asif v. The State 2006 PCr.LJ 1786 (Karachi).

8. ' For the forgoing reasons, the applicant is admitted to bail subject to furnishing solvent surety in the sum of Rs,100,000 and P.R. Bond in the like amount to the satisfaction of the learned trial Court.