Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---West Pakistan Arms Ordinance (XX of 1965), S.13---Explosive Substances Act (VI of 1908), S.4 (b)---Possession of illicit arms and attempt to cause explosion or keeping explosive with intent to endanger life or property---Bail, grant of---Further inquiry---Accused was apprehended by Police allegedly with a pistol, three kilograms of explosive substance and half kilogram ball bearings which he intended to use and destroy important installations to create terror---Despite forensic reports from three different Government agencies, the nature of allegedly recovered explosive substance was yet to be determined, which made the accused's case fit for further inquiry---Bail could not be withheld as punishment in advance; heinousness of a crime alone was not sufficient to decline relief of bail, when an accused was otherwise entitled to be deemed to be innocent--Where accused's case was covered by sub-section (2) of S.497, Cr. P. C., calling for further inquiry, he was entitled to bail as of right and not merely as grace---Accused was granted bail in circumstances. Ghulam Mustafa Chaudhry for Petitioner. Abdul Razzaq, D.P.G. for the State with Muhammad Arif, S.-I. with Police Record. Complainant in person. ORDER CH. IFTIKHAR HUSSAIN, J.--Petitioner Ijaz Mahmood alias Jajju through the instant petition has sought for post-arrest bail in case F.I.R. No.627 registered under section 13 of the Arms Ordinance XX of 1965 and section 4 (b) of the Explosive Substances Act, 1908 with Police Station Islampura, Lahore on 29-6-2009. 2. Briefly the prosecution case as per the F.I.R. is that on 29-6-2009 at about 5-45 p.m. Ijaz Mahmood alias Jajju was apprehended by a police party headed by Rasheed Saleem. S.--I. of Organized Crime Kotwali, Lahore and from his right hand a 30-bore pistol and a bag hanging on his left shoulder were recovered. On the search of the bag, a white colour shopper containing three KG explosive substance and half KG ball bearings were recovered. He told his connection with defunct organizations Jaish-e-Muhammad and Tehrike-e-Taliban and that he along with companions had wanted to damage the important…