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Criminal Misc. No. 73 of 1980, decided on 23rd November, 1980.
------S. 497--Bail, grant of--A detonator alongwith a flap allegedly recovered from possession of petitioner-No eye-witness to occur offence and solitary prosecution witness, connecting petitioner with offence also resiling from his previous statements recorded under Ss. 161 & 164, Cr. P. C. and attributing them to Police pressure-- No steps yet taken to secure sanction for prosecution of peti tioner, as required under section 7 of Explosive Substances Act- --No further detention of petitioner without trial of case against him, held, proper-Petitioner allowed bail, in circumstances Explosive Substances Act (VI of 1908), S. 7
S. Sardar Khan for Applicant.
Nemo for the State.
Dates of institution:15th and 22nd November, 1980.
None appeared from the side of the State today. This- is a bail application moved by Mumtaz Khan alias Raja accused who stands charged with the offences under sections 307/109 and 435/438, Penal Code and sections 3, 4 and 5 of the Explosive Act. It was alleged by the Police that explosive substance was supplied to the accused-petitioner by Muhammad Ashraf accused to connect the latter with the former.
The Statements of one Aftab Hussain Shah were recorded under sections 161 and 164, Cr. P. C. during the investigation. That witness has resiled from his statements in the Police and before the Magistrate both and a written affidavit was filed to the effect to - show that it was under the pressure of the Police that he was forced to make a statement before the Magistrate and as a matter of fact he did not know anything with regard to the incident so as to connect any of the accused with it, Muhammad Ashraf accused was let off on bail by the Sessions Judge vide his order dated 13th November, 1980. The other co-accused, namely, Abdul Majid and Iqbal were placed in column No. 4 of the police report against whom no further action is to be launched by the Police. There is no eye-witness to the occurrence. Allegedly only a detonator alongwith a flap was recovered from the possession of the accused-petitioner. He is in custody since 3rdOctober, 1980 and has not been placed before Court of competent jurisdiction for trial so far, sanction for his prosecution under section 7 of the Explosive Act has yet been obtained by the Police and whether any steps to secure such a sanction were taken by the Police are still in dark. Therefore, no further detention of the accused without trial of the case against him is proper. He is allowed bail in the sum of Rs. 10,000 with one surety and personal recognizance of the same amount to the satisfac tion of any Magistrate, Rawalakote. He shall on submission of the bail bond and personal bond be released from the Judicial Lock-up, if not wanted in connection with some other case.
Ball allowed.
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