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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD SHAHID VS Respondent: THE STATE
1997 P Cr
1997 P Cr. L J 791
[Karachi]
Before Abdul Latif U. Qureshi and Ali Muhammad Baloch, JJ
MUHAMMAD SHAHID ---Applicant
Versus
THE STATE---Respondent
Criminal Bail Application No. 1166 of 1995, decided on 15th November, 1995.
Criminal Procedure Code (V of 1898)---
----S. 497---West Pakistan Arms Ordinance (XX of 1965), S.13-D---Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), Sched., cl.(c)---Bail, grant of---No evidence was available with the prosecution at such stage to show that the pistol allegedly recovered from the accused fell within the description of Arms made in cl. (c) of the Sched. attached to the Suppression of Terrorist Activities (Special Courts) Act, 1975---Case against accused, thus, required further inquiry and he was consequently released on bail.
Sardar M. Ishaq for Applicant.
Ashiq Raza for A.-G.
ORDER
The applicant is involved in Crime No.173/95 Police Station Brigade, Karachi under section 13-D, Arms Act.
According to the prosecution story the applicant who is already arrested in some other cases voluntarily stated that he could produce pistol. He led the police and Mashir to his house and he produced one pistol .30 bore alongwith five cartridges. Heard the learned Advocate for the applicant and. the State. The applicant is allowed to have produced .30 bore pistol and five live cartridges.
The learned Advocate for the State concedes that according to police paper available with him he cannot make statement whether the recovered pistol is automatic and semi-automatic and T.T. Pistol. Clause (c) of the Schedule of Suppression of Terrorist Activities (Special Courts) Act, 1975, provides that if violation of sections 8, 9 and 10 if committed in respect of a cannon, grenade, bomb or rocket, or a light or heavy automatic or semi-automatic weapon such as Klashnikov, G-III rifle or any other type of assault rifle. An amendment to this schedule is promulgated to include T.T. Pistol. As there is no evidence with the prosecution at this stage that allegedly recovered pistol comes within the definition of the Arms under clause (c) of the Schedule. The case needs further inquiry and the applicant is entitled to be released on bail. The applicant be released if he furnishes surety in the sum of Rs.1,00,000 and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court.
These are the reasons for our short order already announced.
N.H.Q./M-77/K Bail allowed.