Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(1)---Pakistan Arms Ordinance (XX of 1965), Ss. 13 & 14---Possession and smuggling of illegal weapons---Bail, grant of---First time offender---Offence not falling within prohibitory clause of S.497(1), Cr.P.C.---Effect---Huge quantity of illegal arms and ammunitions were found hidden in the secret cavities of a vehicle---Accused was driving the vehicle in question---None of the offences with which accused was charged fell within the prohibitory clause of S. 497(1), Cr.P.C., as they entailed punishment of seven years---Prosecution did not have any history of accused available with it to show that he had ever indulged in offences of similar nature, therefore, being first time offender accused deserved lenient treatment in the matter of bail---Investigation of the case was complete and no useful purpose would be served to the prosecution by keeping the accused behind bars for an indefinite period---Accused was granted bail in circumstances. 1977 SCMR 449 rel. JUDGMENT SHAH JEHAN KHAN AKHUNDZADA, J.---Accused-petitioner Ahmad Sher involved in case F.I.R. No.13 dated 13-1-2013 under sections 13/14 Arms Ordinance registered at Police Station, Lachi District Kohat was refused bail by the learned Additional Sessions Judge-V, Kohat vide his order dated 7-2-2013. So he has now moved the instant application for his release on bail. 2. The facts of the prosecution case, as set out in the F.I.R., are that on 13-1-2013 at 1300 hours on receiving a spy information that huge quantity of arms and ammunitions would be smuggled from Dara Adam Khel towards Mianwali (Punjab Province) through Motorcar bearing Registration No.AC-0435/Sindh, complainant Khanullah S.H.O. along with his other police contingents made a picket on the Main Highway near Tool Plaza Curve, meanwhile the said vehicle came from Kohat side which was stopped for checking. The driver of the vehicle disclosed his name as Ahmad Sher son of Muhammad Sher resident of District Mianwali while the other person sitting in the front seat disclosed his name as Miraj Muhammad son of Khawas Muhammad resident of District Chitral. Search of the vehicle led to the recovery of…

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