Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Explosive Substances Act (XI of 1908), S.5---Pakistan Arms Ordinance (XX of 1965), S. 13--- Recovery of illicit arms/ammunition---Bail, grant of---Further inquiry---Raid was conducted on spy information, and sufficient time was available with the raiding party to associate two respectable persons of the locality to join the proceedings; it was not necessary that the persons must be resident of a close vicinity---Provision of S. 103, Cr.P.C., for the purpose, could be liberally interpreted and scope of "locality" could be widened--- Criterion was "respectability", which was a prime consideration, and "locality" would not mean the people living in close proximity---Report, though was lodged promptly, but it did not reflect that accused was present in the house from where alleged recovery was effected, who was arrested on the following day of the occurrence---Recoveries were effected in absence of accused---Capability of accused in the crime and its ultimate quantum of sentence, were the questions, which could be answered after recording of evidence in the Trial Court, brought the case within ambit of further inquiry---Bail could not be refused to an accused, when a reasonable/slightest doubt would lurk in the mind of the court regarding involvement of accused in commission of a crime---Case against accused being one of the further inquiry, he was admitted to bail, in circumstances. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, JUSTICE:----------- The petitioner/accused was booked for the offences vide FIR No. 01/16 dated 26-01-2016 registered at Police Station Basin. 2. The brief facts of the case are that on 26-01-2016 the house of petitioner was raided on Spy information and from the roof of the house a bag was found lying there and on opening the bag five hand gernades and some other illicit arms/ammunition were found, which were taken into possession in presence of the marginal witnesses, who are Police officials. 3. The raiding party was headed by SIP Ghulam Mustafa, who sent a murasila for registration of FIR to SHO, Basin and on the said murasila FIR No. 01/16 was registered. 4. The petitioner/accused was not…

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