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Case No. S .K. 1 of 1985, decided on 4th September, 1985.

‑‑‑S. 497‑‑Bail grant of‑‑Explosion in a house‑‑Accused sustained injuries in ‑his hand and. face‑‑Accused neither found in possession of explosive material nor having any connection with place of occurrence‑ Nothing available to connect accused with crime‑‑Bail granted in circumstances.

A. Nisar Alam for Accused /Applicant.

Muhammad Ibrahim Memon, Asstt. A.‑G./Spl. P.P. for the State.

The accused /applicant is involved in Case No. S. K.‑1/85, the facts of the case are that at about 5.00 p.m. on 10‑5‑1985 a Sub‑Inspector, namely, Sher Muhammad was on patrol duty in, Orangi Town P.S. area, when he heard ah explosion. He reached the spot from where he had heard the noise and found the present accused /applicant badly injured. According to the F.I.R., the accused /applicant was found having sustained injuries in his hand and face. Two Army Officer namely, Major Feroz Asghar and Capt. Fiyaz, who were also present at the scene of incident at that time, were trying to take away the present applicant to the Hospital for medical aid in the Army vehicle. It is stated in the F.I.R that this explosion took place near the House No. A/35, Sector‑4, Orangi Town, Karachi. On account of the injuries suffered by this applicant, the Investigating Agency suspected that the applicant was responsible for this explosion.

In the bail application it‑ is stated in Para 8 that the, place of incident was not in possession of the accused /applicant. During the argument Mr. A. Nigar Alam learned counsel for the applicant, after enquiring from the accused /applicant present in Court, has stated that the accused lives in House No. 118, Block 'B', Orangi Town, Karachi and he was passing, in the lane, when suddenly this explosion took place and he became a victim of circumstances. It is further contended that he was neither found in possession of the explosive material. Nor indeed had anything to do with the premises near which the explosion" is said to have taken place. As a matter of fact the place of incident remains unspecified and unmarked in the F.I.R. as well as in the challan submitted by the Investigating Agency. The learned counsel also relies on ground No. 1 of the application wherein it is stated that the accused had been implicated on account of local politics between different sections of the population in that area.

In the circumstances there is nothing to connect the present applicant with the crime and may be that after the evidence is recorded the prosecution may be able to substantiate any case against the present applicant. It is also stated that no sanction has so far been received and according to the learned counsel this is also one of, the elements to be taken into consideration for the purpose of granting bail to the present applicant.

Mr. Muhammad Ibrahim Memon learned Special P.P. does not seriously oppose this application and I feel that it is a fit case in which bail should be granted to this accused /applicant, on his furnishing surety in the sum of Rs.10,000 and P.R. bond in the like amount to the satisfaction of the Registrar of this Court.

S.A. Bail granted.

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