NASIR AHMED Versus STATE

ORDER

1. Applicant Mansoor was arrested on 7-7-1996 by A.S.-I. Amir Bux of Police Station Dadu when he alongwith his subordinate staff was on patrolling duty. He reached Dodani Jamali Mori where the present applicant was found standing. Seeing the police mobile he tried to escape but the police surrounded him and on his personal search the police secured a T.T. Pistol which was hidden in the fold of his Shalwar which he was wearing. It contained six live bullets. The applicant was arrested as he had not produced the licence for the said weapon and the weapon is said to be a semi-automatic. After preparing the Mashirnama of the recovery the police produced the challan against the applicant in the Court of the Special Judge, S.T.A., Dadu for his trial for an offence punishable under section 13-D of the Arms Ordinance. The learned, counsel for the applicant prayed for bail to the applicant on the ground that only two police personnel have been mentioned as Mashirs whereas the incident was of day time and that the applicant was challaned on account of enmity.

2. Learned State Counsel has opposed the grant of bail to the applicant.

3. We have considered the arguments of the learned counsel, and are of the view that the contention that only two police personnel have been shown as Mashirs in this case, does not carry much weight for grant of bail. The police was on patrolling duty, and it is claimed that recovery place was a thickly populated area. Yet this question will be decided by the trial Court, whether the services of private Mashirs could be procured at that moment, and whether such attempt by the police was made or not. Since T.T. Pistol has been recovered from the possession of the applicant, and the offence is a scheduled offence, triable by Special Court, the presumption about the recovery has to be dismantled by the applicant himself. This could be done by evidence. We, therefore, find no reason to release the applicant on ball at this stage. We, therefore, dismiss this application and direct that the trial Court will decide this case within a period of three months after receiving the copy of this order. The applicant is at liberty to move trial Court again for grant of bail after three months.

4. N.H.Q./M-156/x. Bail refused.