| Citation(s) |
|---|
| 2023 SLG 2075 2023 SLD 2075 2023 YLR 1274 2023 SLD |
Balochistan High Court, Sibi Bench
Criminal Bail Application No.(s) 126 of 2022, decided on 28th July, 2022.Date of hearing: 22nd July, 2022.
Before Rozi Khan Barrech and Muhammad Aamir Nawaz Rana, JJ
Jameel Ramzan and Jameela Kakar Panezai for Applicant. Abdul Kareem Malghani, State Counsel for
Respondent.
Criminal Bail Application No.(s) 126 of 2022, decided on 28th July, 2022.Date of hearing: 22nd July, 2022.
Before Rozi Khan Barrech and Muhammad Aamir Nawaz Rana, JJ
Jameel Ramzan and Jameela Kakar Panezai for Applicant. Abdul Kareem Malghani, State Counsel for
Respondent.
MUHAMMAD ANWAR---Appellant
VERSUS
The STATE---Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Explosive Substances Act, 1908
Section: 5
Law: Anti Terrorism Act, 1997
Section: 7,11-F(i),11-N,21(i)
(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Explosive Substances Act (VI of 1908), S. 5---Anti-Terrorism Act (XXVII of 1997), Ss. 7, 11-F(i), 11-N & 21(i)---Making or possessing explosives under suspicious circumstances---Bail, refusal of---Scope---Accused sought bail after arrest in an FIR registered under S. 5 of Explosive Substances Act, 1908 and Ss. 7, 11-F(i), 11-N & 21(i) of Anti-Terrorism Act, 1997---Tentative assessment as per material available on record transpired that allegedly explosive substance along with prima wire had been recovered from the accused and prima facie, no animosity had been alleged against the prosecution by the accused which could result in false implication of the accused in the case---Application was dismissed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Tentative assessment---Scope---Deeper appreciation of the available record should be avoided and the evidence be analyzed tentatively at bail stage so no prejudice should be caused to either side. Hazrat Nabi Shah alias Hazrat Khan v. The State and another 2020 SCMR 1672 rel. ORDER MUHAMMAD AAMIR NAWAZ RANA, J.---The applicant has sought bail after arrest in case registered against him on 29.05.2022 under Sections 5 of Explosive, Act, 1908, and under Sections 7, 11(F)(i), 11N, 21(i) of Anti-Terrorism Act, 1997. District and Sessions Judge/Special Judge Anti-Terrorism Court Dera Bugti at Sui (hereinafter "the trial Court") vide order dated 30.06.2022 had dismissed bail application of the applicant. 2. The perusal of FIR transpires that on spy information that few terrorists belonging to proscribed organization Balochistan Liberation Army (BLA) are in the area of Sang-Silla and in election days intend to conduct explosions; the Counter Terrorism Department (CTD) Dera Bugti got alert and as per contents of FIR, arrested the applicant who at the spot told his name as Muhammad Anwar son of Fateh Muhammad caste Mengal resident of Noshki and it was alleged in FIR that explosive material weighing 1260 grams and 6 meters Prima Wire, were recovered from the possession of the applicant and samples were obtained and parcels were…
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