Tahir Azam VS State

JUDGMENT SHEET

IN THE PESHAWAR HIGH COURT,

MINGORA BENCH (DAR-UL-QAZA), SWAT

(Judicial Department) Cr.M.BA. No. 353-M of 2016.

JUDGMENT

Date of hearing: 25.8.2016.

Petitioner:- (Tahir Azam) by Mr. Amir Gulab Khan, Advocate.

Respondent:- ( the State) by Mr. Sabir Shah, A.A.G. MUHAMMAD YOUNIS THAHEEM, J.- Petitioner

Tahir Azam seeks bail in case FIR No. 431 dated 16.7.2016, under sections 5 Explosive Substance Act & 15 A.A, registered at Police Station Drosh Chitral, as the concession of bail was refused to him by the learned lower Court vide its order dated 28.7.2016.

2.As per contents of the F.I.R, the local police raided at the shop of accused/petitioner and during search recovered 4 grenades, cartridges of different bores alongwith other arms and ammunition.

3.Arguments heard and record perused.

4.Perusal of the record reveals that the petitioner is directly charged in the F.I.R and huge quantity of explosive substance .i.e. four (4) grenades etc were recovered from the shop run by him and his father, in which respect, he failed to furnish any plausible explanation. There is nothing on record to suggest that the Nawab

petitioner has any ill-will or enmity with the local police due to which he was falsely involved in the instant case.

The recovery of explosive substance .i.e. grenades etc is fully supported by the marginal witnesses and the petitioner failed to make prima facie case in his favour, so, tentatively is connected with commission of offence, as his father himself admitted the ownership of shop, wherefrom the alleged grenades etc were recovered. Moreover, the offence with which the petitioner is charged falls under the prohibitory clause of Section 497(1) Cr.PC, as punishment provided therein is given below:-

Section 5 of Khyber Pakhtunkhwa Explosive Substance Act, 2013.

Punishment for making or possessing explosives under suspicious circumstances.--- Any person who makes or knowingly has in his possession or under his control any explosive substance, under such circumstances as to give rise to a reasonable suspicion that he is not making it or does not have it in his possession or under his control for a lawful object, shall, unless he can show that he made it or had it in his possession or under his control for a lawful object, be punishable with imprisonment for a term which may extend to fourteen years.

5.Besides, complete challan has been

submitted, so, any further findings on merit might Nawab

prejudice the case of either party during trial, therefore, petitioner is not entitled to the grant of bail at this stage.

6.In view of the above, the petition for the grant of bail being meritless stands dismissed.

Announced Dt: 25.8.2016

JUDGE

Nawab