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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD JAWAID VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Ali Muhammad Baloch, Abdul Lateef U. Qureshi Title: MUHAMMAD JAWAID vs THE STATE Case No.: Criminal Bail Application No. 1020 of 1995 Date of Judgment:1995-11-14 Reported As: 1997 MLD 3141 Result: Bail granted
Judgment ORDER ALI MUHAMMAD BALOCH, J.---This is application for bail on behalf of applicant Muhammad Jawaid filed in a case under section 13-D, Arms Ordinance. The facts of the case are that A.S.I. Police Muhammad Zaraat of C.I.A. Saddar, Karachi had apprehended the applicant and on his search found him to be in possession of a .30 bore pistol which was not licensed one. The recovery Mashirnama was prepared in presence of two police constables and the applicant has been challaned to stand his trial in the Court of Special Judge (S.T.A) Karachi.. The contention of the learned counsel for the applicant is that applicant is 15-1/2 years of age and a student of IXth class. The learned counsel for the applicant has produced a copy of the School Identity Card which shows that the applicant is student of Government Technical High School No. 1, 78---Jacob Lines, Karachi, according to which the date of birth is. 3-1-1980. Further contention of the learned counsel for the applicant is that although the police has treated this offence to be a scheduled offence but according to him .30 bore pistol is not either automatic or semi-automatic weapon. Learned counsel for the State, in view of these facts concedes that it is the case of further inquiry as there is no report of Ballistic Expert whether the weapon recovered from the applicant is semi-automatic or automatic one. Under all these circumstances, we feel that this is a fit case for further inquiry and, therefore, we grant this application. The applicant is ordered to W released on his furnishing one surety .In the sum of Rs.100,000 (One Lac) and P.R. Bond in the like amount to the satisfaction of the Trial Court.