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Petitioner: TAHIR JOHN MASIH VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Ali Muhammad Baloch, Abdul Lateef U. Qureshi Title: TAHIR JOHN MASIH vs THE STATE Case No.: Criminal Bail Application No,1014 of 1995 Date of Judgment:1995-11-22 Reported As: 1997 MLD 1904 Result: Bail allowed
Judgment ORDER ' The applicant Tahir John Masih is involved in Crime No,170 of 1995 under section 13-D of the Arms Ordinance. S.H.O. Abdul Qayyum, P.S. Landhi has recovered the .30 bore pistol with 4 live cartridges from the fold of the Shalwar of the accused for which the accused was unable to produce any licence. He has been challaned under section 13-D of Arms Ordinance in the Court of Special Judge, Suppression of Terrorist Activities, Karachi. ' The contention of the learned counsel for the applicant is that the applicant is a minor, aged about 15 years. He has also produced age certificate signed by Police Surgeon Karachi. The record shows that the applicant is about 15 years old and the contention is that certificate of baptism shows his date of birth as 11th March, 1980. The other factor involved in this case is of recovery of a .30 bore pistol, description of which is not given in the F.I.R. As such, it may not fall under the schedule of the weapons under the Suppression of Terrorist Activities Act. In view of the above, and we considering the age of the applicant as well as recovery of a .30 bore pistol, the case requires further inquiry to find out whether the weapon from the applicant was automatic or semi- automatic, we are of the opinion the applicant is entitled to be released on bail at this stage. ' This bail application is allowed. The applicant is admitted to bail on his furnishing one surety in the sum of Rs,50,000 and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court.
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