Sheer Muhammad vs The State and another
This matter comes before the Lahore High Court through a petition filed under Section 497 of the Code of Criminal Procedure 1898, whereby the petitioner Sheer Muhammad seeks post-arrest bail in case FIR No. 07/23 registered under Section 7 of the Anti-Terrorism Act, 1997 and Sections 4 and 5 of the Explosive Substances Act, 1908 at Police Station CTD, Rawalpindi. The core legal question concerns whether the petitioner, alleged to be found in possession of explosive substances and claimed to be a juvenile at the time of the incident, is entitled to the concession of post-arrest bail, particularly given the delay in the submission of the challan and the absence of prior criminal antecedents. The Court held that the petitioner, being a juvenile under seventeen years of age at the time of the alleged offense and facing prolonged incarceration without submission of the report under Section 173 of the Code of Criminal Procedure 1898 or any likelihood of an early conclusion of the trial, made out a case for bail. The key principle laid down is that a juvenile accused cannot be kept behind bars for an indefinite period as a measure of advance punishment, and youth coupled with delayed trial proceedings constitutes valid grounds for granting post-arrest bail.
- Whether a juvenile accused is entitled to post-arrest bail when the challan has not been submitted within a reasonable time?
- Can prolonged incarceration without the conclusion of trial be treated as an advance punishment for an accused?
- Whether possession of explosive substances under the Anti-Terrorism Act 1997 warrants denial of bail in the case of a juvenile with no prior criminal antecedents?
- Section 497, Code of Criminal Procedure 1898
- Section 7, Anti-Terrorism Act 1997
- Section 4, Explosive Substances Act 1908
- Section 5, Explosive Substances Act 1908
- Section 173, Code of Criminal Procedure 1898
ORDER
Through this petition under Section 497, Cr.P.C. petitioner Sheer Muhammad seeks his post arrest bail in case FIR No.07/23 dated 27.03.2023, in respect of offence under Section 7 of Anti-Terrorism Act, 1997 and Sections 4 and 5 of the Explosive Substances Act, 1908, registered at Police Station, CTD, Rawalpindi.
2. The allegation against the petitioner is that on 27.03.2023 at about 8.30 a.m., he was apprehended by the police party on a tip-off and upon search of blue colour shopper held by him in his right hand, explosive substance weighing 470 grams along with four feet safety fuse wire and four detonators were recovered. Hence, this case was registered.
3. Arguments heard. Record perused.
4. This is 2nd petition on the subject, first one bearing Crl. Misc. No. 1189-B of 2023 was dismissed by this Court for want of prosecution vide order dated 31.05.2023.
5. Allegedly, the petitioner being the member of proscribed organization was possessing explosive substance weighing 470 grams along with four feet safety fuse wire and four detonators at the time of his arrest by the police. No evidence was collected against him during investigation showing that he had been indulged in any anti-state activities or a member of any proscribed organization. The petitioner has no antecedent of such like activities and even no other criminal case has so far been registered against him. He was arrested in this case on 27.03.2023 and since then, he is behind the bars. Report under Section 173, Cr.P.C. has not been submitted in the trial Court despite elapse of more than 3 1/2 months, meaning thereby there is no likelihood of early conclusion of the trial in the near future. In the attending circumstances, the petitioner cannot be kept behind the bars for an indefinite period as a measure of advance punishment. Moreover, according to the "Form-B" issued by the NADRA and matriculation certificate issued by Board of Intermediate and Secondary Education, Peshawar, date of birth of the petitioner is 18.06.2006. The alleged incident has taken place on 27.03.2023, as such at that time the age of the petitioner was below seventeen years, therefore, he being juvenile and teenager deserves concession of bail as prayed for.
In view of above, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.200,000/- (rupees two lac) with two sureties in the like amount to the satisfaction of the trial court.