Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497--- Pakistan Arms Ordinance (XX of 1965), S.13(b)---Explosive Substances Act (VI of 1908), Ss.4 & 5---Possessing unlicensed arms, recovery of illicit arms, ammunitions and explosive---Bail, refusal of---Huge quantity of illicit arms, ammunitions and explosives were recovered from the house of accused where he was present at the time of raid---Neither any defence was introduced nor the alleged recovery of arms and ammunitions was denied by accused---Prosecution case, in circumstances, carried sufficient evidence against accused---Accused, the detainees and the eye-witnesses were present at the time of raid, and their statements were recorded promptly---Question of further inquiry would not arise, in circumstances--- Accused was member of the Provincial Assembly and was also member of a political party, which remained in power for reasonable time in the Province, it was not possible, in circumstances that local residents of his town, despite being police personnel would falsely depose against accused---Accused was involved in a series of criminal cases and remained fugitive from law, but nobody in the hierarchy of District Administration and District Police dared to arrest him---Possibility of false implication of accused, absolutely did not arise; and prima facie reasonable evidence was available on case file which disentitled accused to be admitted to bail---Alleged offences, were not bailable and fell within the ambit of prohibitory clause of S.497, Cr.P.C.---Accused had failed to make out a case for grant of bail---Bail application of accused, was dismissed, in circumstances. JUDGMENT MUHAMMAD KAMRAN KHAN MULAKHAIL, J.---The applicant seeks bail in FIR No.6 of 2014 registered with Barkhan Police Station, on the complaint of Syed Aman Shah ASI/SHO under section 13-B of the Arms Ordinance, 1965 read with sections 4 and 5 of the Explosive Substances Act, 1908 on the averment that on 12-1-2014 at about 7-30 a.m. for causing arrest of the applicant and other unknown accused persons in connection with FIR 3/2014 under sections 395, 342, 353, 337-DF, 147, 148, 149 of the Pakistan Penal Code read with section 7(h)…

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