Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Anti Terrorism Act, 1997

Section: 7

Law: Explosive Substances Act, 1908

Section: 4,5

Criminal Procedure Code (V of 1898)--- ----S. 497---Anti-Terrorism Act (XXVII of 1997), S. 7---Explosive Substances Act (VI of 1908), Ss. 4 & 5---Terrorism, possession of explosive substances, arms and ammunition---Bail, grant of---Allegation of being a member of a proscribed organization---Absence of evidence---Juvenile accused---Allegation against the petitioner was that he, being member of proscribed organization, possessed explosive substance weighing 470 grams along with four feet safety fuse wire and four detonators at the time of his arrest---Record revealed that no evidence was collected against the petitioner/accused during investigation showing that he had been indulging in any anti-state activities or he was a member of any proscribed organization---Petitioner had no antecedent of such like activities and even no other criminal case had so far been registered against him---Petitioner was behind the bars for more than three months whereas report under S. 173 of Criminal Procedure Code, 1898, had not been submitted in the Trial Court---There was no likelihood of early conclusion of the trial---Documents (Form-B and Matriculation Certificate) showed that the petitioner was below seventeen years of age at the time of alleged incident, therefore, he being juvenile and teenager was entitled for concession of bail---Bail was allowed to the petitioner, in circumstances. ORDER Through this petition under Section 497, Cr.P.C. petitioner Sheer Muhammad seeks his post arrest bail in case FIR No.07/23 dated 27.03.2023, in respect of offence under Section 7 of Anti-Terrorism Act, 1997 and Sections 4 and 5 of the Explosive Substances Act, 1908, registered at Police Station, CTD, Rawalpindi. 2. The allegation against the petitioner is that on 27.03.2023 at about 8.30 a.m., he was apprehended by the police party on a tip-off and upon search of blue colour shopper held by him in his right hand, explosive substance weighing 470 grams along with four feet safety fuse wire and four detonators were recovered. Hence, this case was registered. 3. Arguments heard. Record perused. 4. This is 2nd petition…

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