--Bail after arrest, grant of--Allegation of--Recovery of illicit arms from possession of petitioners--Time and date of occurrence was not mentioned in FIR-

 PLJ 2024 Cr.C. (Note) 53
[Lahore High Court, Multan Bench]
Present: Muhammad Waheed Khan, J.
MISRI KHAN etc.--Petitioners
versus
STATE etc.--Respondents
Crl. Misc. No. 5460-B of 2021, decided on 16.9.2021.

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Pakistan Arms Ordinance, (XX of 1965), S. 13(2-ab)--Bail after arrest, grant of--Allegation of--Recovery of illicit arms from possession of petitioners--Time and date of occurrence was not mentioned in FIR--Petitioners have not criminal antecedent--Investigation has been completed--No progress in trial so far, further incarceration of petitioner in neither likely to serve any useful purpose for prosecution not it is justified--Bail allowed.

                                                                                             [Para 4] A

Khawaja Qaisar Butt, Advocate for Petitioners.

Mr. Hassan Mehmood Khan Tareen, Deputy Prosecutor General.

Date of hearing: 16.9.2021.

Order

Having failed to get post arrest bail in case FIR No. 117 dated 13.07.2021, registered under Section 13 (2-ab) of The Pakistan Arms Ordinance, 1965 (XX of 1965) at Police Station Raitra, District Dera Ghazi Khan from the Court of learned Additional Sessions Judge, Taunsa Sharif vide order dated 26.07.2021 petitioners have prayed the same relief through the instant petition.

2. The petitioners/accused were allegedly apprehended by the police in the area of Mauza Malkani situated within the territorial limits of above said police station and got recovered a Kalashnikov and two pistols along with 100-rounds (bullets) from their possession.

3. Pro and contra arguments heard. Record perused.

4. On meticulous appraisal facts, of it transpired that although the petitioners are named in the FIR with the accusation of recovery of illicit arms from their possession but I noted that both the petitioners are father and son inter se. The instant FIR is shown to be lodged 13.07.2021 at 10:55 p.m neither but in on the relevant column nor in the tenor of crime report time and date of occurrence has been mentioned. Even otherwise, it is apprised to the Court that petitioners have no criminal no antecedent. The investigation has already been completed as the the report under Section 173, Cr.P.C. has been sent to the Court on 14.07.2021 and there is no progress in the trial so far, meaning thereby further incarceration of the petitioner is neither likely to serve any useful purpose for the prosecution nor it is justified.

5. For the foregoing reasons, the instant petition is hereby allowed and the petitioners are admitted to post-arrest bail, subject to their furnishing bail bonds in the sum of Rs. 2,00,000/-(rupees two lacs) each with one surety each in the like amount to the satisfaction of the learned trial Court.

(A.A.K.)          Bail allowed