Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.497---Khyber Pakhtunkhwa Explosive Substances Act (XXV of 2013), S. 5---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S.15-AA---Making or possession of explosive under suspicious circumstances, unlicensed possession of arms and terrorism---Bail, refusal of---Prosecution, during search of the shop of petitioner recovered four grenades, cartridges of different bores along with other arms and ammunition---Court while deciding bail application, had to make tentative assessment of the case---Petitioner was connected with the commission of offence as his father himself admitted the ownership of shop, wherefrom the alleged explosive substance was recovered---Nothing was available on record to suggest that petitioner had any ill-will or enmity with the local police to which, he was falsely involved in the case---Recovery of explosive substance was fully supported by marginal witnesses of recovery memo---Offence with which the petitioner was charged fell in the ambit of prohibitory clause of S. 497(1) Cr.P.C.---Accused could not make out a prima facie case for bail---Bail was refused, accordingly. THIS JUDGMENT DELIVERED BY: MUHAMMAD YOUNIS THAHEEM, JUSTICE:--- .--- Petitioner Tahir Azam seeks bail in case FIR No. 431 dated 16.7.2016, under sections 5 Explosive Substances Act and 15AA, registered at Police Station Drosh Chitral, as the concession of bail was refused to him by the learned lower Court vide its order dated 28.7.2016. 2. As per contents of the FIR, the local police raided at the shop of accused/petitioner and during search recovered 4 grenades, cartridges of different bores along with other arms and ammunition. 3. Arguments heard and record perused. 4. Perusal of the record reveals that the petitioner is directly charged in the FIR and huge quantity of explosive substance i.e. four (4) grenades etc were recovered from the shop run by him and his father, in which respect, he failed to furnish any plausible…

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