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---Accused was driving a vehicle which was stopped at a police checkpoint---Upon search of vehicle huge quantity of arms and ammunitions were recovered from its secret cavities---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 accused was no more required for further investigation---Accused was granted bail in circumstances. THIS JUDGMENT DELIVERED BY: SHAH JEHAN KHAN AKHUNDZADA, JUSTICE:---.--- Accused-petitioner Abdul Jabbar involved in case F.I.R. No. 76 dated 16-03-2013 under sections 13/14 Arms Ordinance registered at Police Station, Ormar was refused bail by the Courts below. 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 16-03-2013 at 07.10 hours on receiving a spy information that huge quantity of arms and ammunitions would be smuggled from tribal territory towards Punjab via Baghban Road through Datsun Pickup bearing Registration No. C-5200/ Bannu, complainant Rehmat Ullah Khan S.H.O. along with his other police contingents made a barricade on the Baghban Road, meanwhile the said vehicle came from Shamshatu side which was stopped for checking. The driver of the vehicle disclosed his name as AbdulJabbar alias Abdul son of Nazar Shah. On summary interrogation the accuseddisclosed about the arms and ammunitions kept in the secret cavities of the vehicle. Since no equipments were available on the spot, therefore, the vehicle along with its driver was brought to Police Station and there search of the vehicle led to the…

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