Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302,322,324,285,420,34

Law: Explosives Act, 1884

Section: 4/5

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302, 322, 324, 285, 420 & 34---Explosives Act (IV of 1884), Ss.4/5---Bail, grant of---Further inquiry---Police had submitted challan after 18 months of the incident and that too after converting the offence under S.302, P.P.C. to S.322, P.P.C. which was only punishable for Diyat and other offences were bailable---Affidavit filed by the complainant exonerating accused had made the case of accused of further inquiry---Nothing was in the police file which could reveal that accused was business partner and equally responsible with the absconding accused for storing the explosive substance---All such factors had made accused entitled to be admitted on bail--Accused was admitted to bail, in circumstances. ORDER DR. QAMMARUDDIN BOHRA, J.--- 1. Granted subject to all just exceptions. 2. Heard learned counsel for the applicant as well as Additional Prosecutor-General. The counsel for the applicant has contended that the applicant/ accused mother inducted in his house one Muhammad Afzal as tenant four years prior to the incident who was tailor master by profession and that said Muhammad Afzal who is an absconder in this case used to store explosive material for preparing fire crackers and on the day of incident the material was exploded and the wall of the house also collapsed and in the incident one boy namely Kashif aged about 9 years was injured along with other three children but subsequently Kashif died. The police registered the F.I.R. No.284 of 2006 under sections 302, 324, 285, 420, 34, P.P.C. and sections 4/5 of Explosive Act at Police Station Mominabad, Karachi. After three days of the above F.I.R. police registered another F.I.R. No.287 of 2006 under section 188 of Explosive Act. According to the learned counsel (sic) applicant who was not even present at the spot on the day of incident nor he had any connection regarding the storage of explosive material by his tenant Muhammad Fazal (absconding accused). After registration of the case the applicant approached this Court vide Criminal Bail Application No.261 of 2007 and he was admitted to interim pre-arrest bail vide order,…

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