ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI.

Cr.Bail Appl No.1129 of 2016

Date	Order with signature of Judge

For hearing of bail application

21.09.2016.

          Mr. Salahuddin Panhwar Advocate for the applicant.

          Ms. Rubina Qadir DDPP for the State.

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MUHAMMAD IQBAL KALHORO J: Applicant is seeking post arrest bail in case crime No.104/2016 registered at Police Station Shahrahe-e-Noor Jehan Karachi for offence punishable u/s 23(i) (a), Sindh Arms Act, 2013.

2.       Applicant was arrested on 23.05.2016 from infront of JS Bank Block “A” North Nazimabad, Karachi alongwith co-accused namely Abdul Haque, when they after committing robbery from complainant Muhammad Ashraf were fleeing and from the applicant allegedly one 30 bore unlicensed pistol was recovered, apart from robbed articles including CNIC of the complainant from co-accused. Recovery of 30 bore pistol from the applicant was witnessed by the complainant, consequently, applicant was booked in present FIR and in robbery case bearing crime No.102/2016  registered u/s 392, 34 PPC at P.S. Shahrah-e-Noor Jehan.

3.       The main contention of learned counsel for the applicant is that in the main case, applicant has been granted bail; that the recovery of alleged pistol was not witnessed by any independent person, which is in violation of section 103 Cr.P.C, therefore, the applicant is entitled to grant of bail. In support of his arguments, learned counsel has relied upon the case laws reported in PLD 1997 SC 408, 2014 P Cr. L J 1430, 2016 P Cr. L J 483, and 2016 MLD 392.

4.       On the other hand, learned DDPP has opposed grant of bail to the applicant on the ground that offence falls within the prohibitory clause of section 497(i) Cr.P.C as it is punishable for 14 years; that recovery of alleged pistol from the applicant was witnessed by independent person i.e. complainant of crime No.102/2016; that there is sufficient evidence against the applicant and he is not entitled to bail.

5.       I have considered the submissions of the parties and perused the material available on record including case laws cited at the bar. Applicant was arrested along-with co-accused by the police when he was fleeing from the place of incident i.e. Masjid-e-Farooque Block “K” North Nazimabad Karachi after committing robbery from the complainant and at the time of their arrest, not only alleged pistol but robbed articles were also recovered from them. Insofar as the ground that recovery of alleged pistol is in violation of section 103 Cr.P.C is concerned, learned DDPP has pointed out that recovery was witnessed by the independent person i.e. Muhammad Ashraf, complainant of robbery case, therefore, this ground, in my view, is not available to the applicant. More so, under Sindh Arms Act, 2013, strict compliance of section 103 Cr.P.C is not provided. The other contention of learned counsel is that in the memo of recovery, no mark of identification of alleged recovered pistol is shown, suffice to say that this cannot be considered as a ground to release the applicant on bail. And more so, memo of arrest and recovery shows that necessary details in regard to recovery of pistol have been given therein. Mere fact that applicant has been granted bail in the main case would not ipso facto be taken as a ground to release him in the present offence which is punishable upto 14 years. Sufficient material prima facie connecting the applicant with the offence is available on record. The facts in the case laws relied upon by the learned counsel for the applicant are quite different to that of the present case. I do not find the applicant entitled for grant of bail. Accordingly, instant bail application is dismissed. However, learned trial court is directed to conclude the trial within four months from today.

          The observations made hereinabove are tentative in nature and would prejudice case of either side at trial.

The bail application is disposed of.            

JUDGE

A.K.