MUHAMMAD AMIN Versus THE STATE

Sardaraz Khan. S.H.O., Police Station, Shahbaz Garhi, Mardan heading a Police Party was on usual ' Gasht' on 8-2-2003 in the limits of village Bala Garhi, Mardan when he received an information that a proclaimed offender namely Jamroz Khan wanted by the police in various criminal cases, is present in the house of Muhammad Amin, petitioner herein. Pursuant to the information, the house of the petitioner was raided. The proclaimed offender was however, not found in the house of the petitioner. During the house search the petitioner was overpowered while trying to escape from the house and a .30 bore pistol with six live rounds and two grenades bearing No.HDGR/69 were recovered from his possession. The petitioner failed to produce ; licence in respect thereof. The petitioner was formally arrested and a case was registered against him under section 13, Arms Ordinance read with section 5 of the a Explosive Substances Act (Act No. VI) of 1908, vide F.I.R. No.122 dated 8-2-2003, Police Station Shahbaz Garhi, District Mardan.

2. The petitioner moved the Courts below i.e. Judicial Magistrate and Additional Sessions Judge, Mardan for grant of bail but his plea was declined vide orders dated 17-2-2003 and 1-3-2003 respectively. The petitioner has moved this Court with the similar prayer and in support of bail application Mr. M. Fahim Wali, Advocate contended with force that the petitioner has been falsely associated with the guilt; that the formalities of section 103, Cr.P.C. have not been complied with; that the incriminating material attributed to the petitioner was not sealed on the spot and that the petitioner for the aforesaid reasons has succeeded to make out a case for grant of bail. He relied on Musali Khan v. The State (1996 MLD 493 Peshawar).

3. Mr. Wahidullah, Advocate, learned counsel appearing on behalf of the State opposed the bail application and submitted hat the concession of bail has been refused to he petitioner for valid reasons and the impugned orders hardly call for interference of this Court.

4. Be that as it may, without highlighting merits of the case I find that during raid on his house, the petitioner has been arrested and a .30 bore pistol with six live rounds and two hand grenades, have been recovered from his possession. The hand grenades have been found Russian made by the Fire-arms Expert vide his report dated 29-3-2003. The petitioner is directly nominated in the promptly lodged report for commission of offence falling within the prohibitory clause of section 497, Cr.P.C. and there is ample material on the file to connect him with the guilt. The petitioner has not succeeded to make out a case for grant of bail. His application fails which is hereby dismissed. The prosecution shall, however, submit complete challan against the petitioner within 15 days.

H.B.T./767/P Bail application dismissed.