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19/08/2015 08:09

Case Judgement

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2012 P Cr. L J 1838


[Sindh]
Before Syed Hasan Azhar Rizvi, J
HABIB-UR-REHMAN---Applicant
versus
THE STATE---Respondent
Criminal Bail Application No.1355 of 2011, decided on 16th December, 2011.
Criminal Procedure Code (V of 1898)
----S. 497(2)---Explosive Substances Act (VI of 1908), Ss. 4, 5 & 7---Attempt to cause explosion or
making or keeping explosive with intent to endanger life or property, making or possessing explosives
under suspicious circumstances, restriction on trial of offences---Bail, grant of---Further inquiry--Failure to obtain permission from Provincial Government for prosecution---Contention of accused that he
had been already granted bail by the High Court in another F.I.R. registered for the same offence on the
ground that no permission had been obtained from the Provincial Government for prosecution, as
required under S.7 of Explosive Substances Act, 1908---Validity---Accused had already been granted bail
by the High Court in another F.I.R. as no permission had been obtained from the Provincial Government
for prosecution under S.7 of Explosive Substances Act, 1908, with the observation that non-availability
of sanction/consent of the Provincial Government made the case one of further inquiry---Accused was
granted bail, in circumstances.
Mushtaq Ahmed for Applicant.
Muhammad Igbal Awan, Additional Prosecutor-General, Sindh for the State.
ORDER
SYED HASAN AZHAR RIZVI, J.---Through this Criminal BailApplication, the applicant seeks his
post-arrest .bail in case F.I.R. No.193 of 2011, registered under section 4/5 of the Explosive Act, at
Police Station CID, Sindh, as the present applicant has been refused bail vide order dated 29-10-2011
passed by the learned 1st Additional District and Sessions Judge, Karachi West, hence this Criminal Bail
Application.
Succinctly the facts of the case as narrated in the F.I.R. are that the applicant along with his other
companions, who are already arrested in another F.I.R. bearing No.185 of 2011 disclosed the police that
they can recover the Explosive material hidden by them in their houses and they led the police party for
recovery of the same. The present applicant also led the police party into the house and recovered one
suicide jacket, 25 Kgs Explosive material, six silencers 70, 1/C Electronic, 100 rounds of KK, two
bundle code, fuse wire 60 meter, upon which the instant F.I.R. has been lodged against the present

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Case Judgement

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applicant in presence of witnesses Muhammad Gul and PC. Tanveer Ahmed.


It is, inter alia contended by the learned counsel for the applicant that in fact the applicant was in custody
since 28-4-2011 and in this regard he referred to a Roznamcha Entry of Police Station where it was
alleged that on 28-4-2011 some persons entered the house and took away the present applicant, but the
alleged F.I.R. was lodged on 12-5-2011. It is further contended by the learned counsel that the applicant
is innocent and has falsely been involved in the crime in question and the so-called recovery has been
foisted upon the applicant. Learned counsel further contended that the applicant has already been granted
bail by this Court in another F.I.R. bearing No.189 of 2011 registered in the same offence as that of in the
instant case on the ground that under section 7 of the Explosive Substances Act, 1908 no permission has
yet been obtained from the Provincial Government for prosecution. In support of his case, learned
counsel has relied upon the case of Nusrat Ali v. The State (1997 SCMR 876).
On the other hand, learned Additional Prosecutor-General, Sindh has not been able to controvert the
contention of the learned counsel for the applicant in respect of the permission from the Provincial
Government for prosecution as required under section 7 of the Explosive Substances Act, 1908. Learned
Additional Prosecutor-General, Sindh concedes that the memo of recovery filed by police in the instant
case has already been submitted in the case F.I.R. No.187 of 2011, in which the applicant has already
been on bail granted by this Court.
I have heard the learned counsel for the Applicant learned Additional Prosecutor-General, Sindh as well
as perused the material available on record.
It is an admitted position that the applicant has already been granted bail by this Court in another F.I.R.
bearing No.189 of 2011 as no permission has yet been obtained from the Provincial Government for
prosecution under section 7 ibid with the observation that non-availability of sanction/consent of the
Provincial Government under section 7 ibid makes the case of further enquiry.
In the facts and circumstances of the case, the applicant is granted bail subject to his furnishing solvent
surety in the sum of Rs.1,00,000 (Rupees One Lac only) and. PR Bond in the like amount to the
satisfaction of the learned trial Court.
MWA/H-9/K

Bail granted.

19/08/2015 08:09