| Citation(s) |
|---|
| 2009 SLG 3401 2009 SLD 3401 2009 PCRLJ 727 |
Sindh High Court
Criminal Bail Application No.10 of 2009, decided on 6th February, 2009.
Before Mrs. Qaiser Iqbal, J
Ghulam Rasool Mangi for Applicant. Iqbal Kalhoro, Addl. P.-G., Sindh for the State.
Criminal Bail Application No.10 of 2009, decided on 6th February, 2009.
Before Mrs. Qaiser Iqbal, J
Ghulam Rasool Mangi for Applicant. Iqbal Kalhoro, Addl. P.-G., Sindh for the State.
YOUNUS alias MADI----Applicant
VS
THE STATE----Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Explosive Substances Act, 1908
Section: 4,5
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Explosive Substances Act (VI of 1908), Ss.4 & 5---Bail, grant of---Further inquiry---Accused was confined in custody for the last two years and proceedings against him had not yet commenced---Allegation against accused was that he was found in possession of hand-grenade along with five detonator pins and two packets of explosive substance at the time of his arrest out of which only grenade was sent to the Expert and some of the property alleged to have been recovered, from him was suppressed---Case against accused requiring further inquiry as contemplated under S.497(2) Cr.P.C., he was admitted to bail. Muhammad Asif v. The State 2006 PCr.LJ 1786 ref. ORDER MRS. QAISER IQBAL, J.--- The applicant is facing trial in Crime No.105 of 2007 registered at Police Station Kalakot, Lyari Town under sections 4 and 5 Explosive Act, 1908. His bail plea was rejected by the IIIyd Additional Judge Karachi South. He has approached this Court seeking post-arrest bail. According to the prosecution complainant S.I.P. Muhammad Nawaz Chatta lodged report alleging that the incident had taken place on 30-3-2007 at 1055 hours at corner Gali No.5 near Rehmani Bakery and General Store, Hassan Ali Wali Muhammad Road, Nawalane, Kalakot, Karachi. It is alleged that in presence of the complainant and subordinate staff police has recovered one hand grenade along with five detonator pins and two packets of explosive substance, which were secured under the Mashirnama in presence of Mashir, the applicant was arrested, connected in the charge offence. Learned counsel for the applicant primarily contended that the applicant is in custody from the last two years, charge has not yet been framed. The explosive substances found in possession of the applicant were not sent to the Expert. It is next urged that alleged recovery of hand-grenade along with five detonator pins and two packets of explosive…
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