Law: Criminal Procedure Code (V of 1898)

Section: 497

  Criminal Procedure Code (V of 1898)-- ----S. 497(1), third proviso---Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), S.5(6)---Explosive Substances Act (VI of 1908), S. 5---Person accused of having committed a scheduled offence under the Act XV of 1975 who has not yet been challaned to Special Court is entitled to seek bail from High Court if his case attracts the third proviso to 5.497(1), Cr.P.C. Gul Muhammad v. State 1987 PCr.LJ 737 and Sareed Khan v. State PLD 1989 Pesh. 80 rel. Muhammad Gul v. State 1985 PCr.LJ 205; PLD 1986 SC 173; 1985 PCr.LJ 205; PLD 1975 Kar. 628; PLD 1985 Lah. 48; 1986 PCr.LJ 578; 1985 PCr.LJ 890 and 1986 PCr.LJ 2097 ref. Criminal Procedure Code (V of 1898)-- ----S. 497(1), third proviso---Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), S. 5(6)---Explosive Substances Act (VI of 1908), S. 5---Bail, grant of---Trial of accused had not yet commenced and delay was not shown to have been occasioned by any act or omission of the accused or any other person acting on his behalf and his plea for bail did not fall within the mischief of fourth proviso to S.497(1), Cr.P.C: -Accused was released on bail in circumstances. Gul Muhammad v. State 1987 PCr.LJ 737 and Sareed Khan v. State PLD 1989 Pesh. 80 rel. Muhammad Gul v. State 1985 PCr.LJ 205; PLD 1986 SC 173; 1985 PCr.LJ 205; PLD 'i975 Kar. 628; PLD 1985 Lah. 48; 1986 PCr.LJ 578; 1985 PCr.LJ 890 and 1986 PCr.LJ 2097 ref. Haji Saadullah Khan Miankhel for Petitioner. Hamesh Gul Khan for the State. Date of hearing: 25th November, 1989. JUDGMENT This is an application moved by Muhammad Ali Khan, petitioner, for grant of bail pending trial in a case registered against him under section 5 of the Explosive Substances Act (VI of 1908), vide F.I.R. No.501 at Police Station, Miryan, District Bannu, on 20-12-1987 at 17-30 hours. Briefly stated the facts are that on 20-12-1987 at 16-20 hours, during the routine checking of the vehicular traffic, Karim Khan, A.S.I., attached to Joint Narcotics Task Force, Bannu, alongwith his other staff signalled Bus No. P.R.C.-7637 to stop at Bannu Miranshah Road near Airport and made a person to alight from the bus.…