2012 P Cr. L J 1431
[Balochistan]
Before Ghulam Mustafa Mengal, J
EHSANULLAH and another ---Applicants
Versus
THE STATE ---Respondent
Criminal Bail Application No.39 of 2 011, decided on 19th April, 2012.
Criminal Procedure Code (V of 1898) ---
----S. 497 ---West Pakistan Arms Ordinance (XX of 1965), S.13 -E---Explosive Substances
Act (VI of 1908), Ss. 4 & 5 ---Anti-Terrorism Act (XXVII of 1997), S. 7 ---Possession of
illega l weapons, attempt to cause explosion or for making or keeping explosive with intent to
endanger life or property, making or possessing explosives under suspicious circumstances,
acts of terrorism ---Bail, refusal of ---Plea of minority ---Heinousness of the offence ---Effect ---
Police raided a house and apprehended the accused and co -accused on whose alleged
pointation hand grenades, detonators and time pencils were recovered from the said house ---
Contention of the accused and co -accused were that requirements of S.103, Cr.P.C., had not
been met and the search was made without search warrants, and that the accused and co -
accused were minors ---Validity ---Minority was not the sole consideration for purposes of
grant of bail in heinous offences as each case had to be considered in the light of its own
facts ---Age of the accused and co -accused and the question of compliance with S.103,
Cr.P.C., was yet to be determined by the Trial Court ---Offences with which the accused and
co-accused were charged were heinous in n ature and fell within the prohibitory clause of
S.497, Cr.P.C. ---Sufficient material was available to connect the accused and co -accused with
the offences ---Bail application of the accused and co -accused was dismissed, in
circumstances.
Kamran Murtaza f or Applicants.
Haji Liaqaut Ali for the State.
Date of hearing: 12th April, 2011.
ORDER
GHULAM MUSTAFA MENGAL, J. ---The applicants Ehsanullah and Khairullah both
sons of Abdul Rasheed seek bail in Crime No.3 of 2011 lodged by complainant Muhammad
Aslam Bangulzai, IP/SHO, with Police Station, Gwadar on 4 -1-2011 with the averments that
on the said date, he along with his subordinates was patrolling in Official Vehicle at about
12-15 p.m. he received spy information that the applicants who are residing in the house of
Abdul Rasheed are having explosive substance and ammunitions intends to commit target
killing and terrorist activities. On getting the said information the complainant along with
other Police officials under the supervision of D.P.O, S.P. Investigation and D.S.P, City,
A.T.F. officials, Lady Constables, District Police Official and B.C. Officials under section
165, Cr.P.C. raided the said house, where applicants and one Haji Nasir were found present
who were apprehended and on the pointatio n of applicants two handgrenades, 36 detonators
and time pencils were recovered from the guest room and, one Revolver along with seven
live cartridges on pointation of Master Haji Nasir from his room. On demand they could not
produce license of recovered a rms, which were secured under the mashirnama in presence of
mashirs, the applicants were arrested and F.I.R. was lodged against them and Haji Nasir
under sections 4/5 of Explosive Substances Act, read with section 7, A.T.A. and 13 -E,
Arms Ordinanc e.
A bail application was moved before the Additional Sessions Judge, Gawadar who after
hearing the parties rejected the same vide order dated 3 -2-2011, hence this bail application.
Mr. Kamran Murtaza, learned counsel for the applicants contended that the requirements of
section 103, Cr.P.C. have not been made and search, was made without search warrant. He
further contended that both the applicants are minors, thus, requested that the applicants be
released on bail.
Haji Liaquat Ali, learned Stat e counsel has vehemently opposed the bail application on
the ground that substantial evidence is available against the applicants, therefore, they are not
entitled for grant of bail.
I have heard the learned counsel for the parties and have also gone through the record of the
case. The allegations against the applicants are that two handgrenades, detonators and time
pencil were recovered on their disclosure and pointation from their guest room. For the
purposes of grant of bail in heinous offences mino rity is not sole consideration because each
case has to be considered in the light of its own facts. The age of the applicants and non -
compliance of section 103, Cr.P.C. is yet to be determined by the trial Court. Since the
offences with which the applican ts are involved are heinous and falls within the prohibitory
Clause of section 497, Cr.P.C. Sufficient material to prima facie connect the applicants with
the heinous offence is available on record, therefore, the applicants do not deserve the
concession o f bail at this stage. Resultantly their bail application having no merit is
dismissed. However the learned trial Court is directed to conclude the trial expeditiously
preferably within period of three months from the receipt of this order. The observations
made hereinabove are tentative in nature and shall have no bearing on merits of the case.
M.W.A./41/Q Bail dismissed.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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