KARAMAT KHAN vs THE STATE

ORDER

1. ZAKIR HUSSAIN, J.---This bail application has been tiled on behalf of the applicant Karamat Khan son of Haleh Mir Khan, who was arrested in F.I.R. No,807 of 2009, under section 4/5 of the Explosive Act, registered at Police Station Sohrab goth, Karachi, whose bail application was rejected in Sessions Case No,829 of 2009, by the court of the learned IIIrd Addtional Sessions Judge, Malir, Karachi Briefly, stated the facts are that the applicant was arrested in Crime No,456 of 2009 under sections 353/324/186/34, P.P.C. and in Crime No,461 of 2009 under section 13-D, Arms Ordinance, by the complainant Iftikhar Ahmed of Police Station Sohrab Goth, Karachi, on 12-11-2009. During investigation, the applicant. disclosed that he belonged to Tehreek-e-Taliban and had six grenades at his house No,41/42, situated at Jhatta. Gabol Goth, Karachi. The applicant led the complainant to his House in company of P.C. Syed Younus Ali and PC Muhammad Ali in whose presence, the complainant effected the recovery from the house of the applicant, of hand grenades :wrapped in hand wear, which were defused by the bomb disposal squad experts, there and then, and were taken in police custody. The complainant then can back to the police station along with the applicant and secured crime property, where he booked the applicant in the instant F.I.R./ case.

2. The bail application is pressed, from amongst other grounds, on the ground of absence of necessary sanction, which, according to the learned counsel for the applicant, has not been obtained for prosecuting the applicant in the matter of the said F.I.R. case, which is a mandatory requirement in terms of section 7 of the Explosive Substances Act, 1908, applicable in the matter.

3. Learned is not in a position to surely say. if there is any sanction for prosecution or not. Since the I.O. failed to appear despite his direction, he does not dispute if conditional bail. is granted on the aforesaid ground (of sanction) that in case, there appears any sanction already available (in the matter), and the same is produced in court, the bail shall be liable to be cancelled with prior notice to the applicant in that regard. The applicant will be at liberty to press bail on merits in such a case..

4. Consequently, the applicant is, hereby, granted bail in the above terms, subject to his furnishing surety in the sum of -Rs,100,000 with P.R.. bond in the like amount to the satisfaction of the Nazir of this Court.