ORDER SHEET
IN THE HIGH COURT OF SINDH, AT KARACHI.
Criminal Bail Application No. 1403 of 2016
Date Order with Signature of Judge .
For hearing of bail application.
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12.01.2017.
Mr. Muhammad Arif, Advocate for applicants.
Mr. Raja Ghulam Murtaza, Special Public Prosecutor, Pakistan Coast Guard a/w Mr. Fatehyab Ali Khan, Assistant Law Officer, Pakistan Coast Guard.
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Through instant Criminal Bail Application, applicants/accused Muhammad Iqbal Javed s/o. Mehraj Din and Raja Tahir Afzal s/o. Muhammad Afzal seek post arrest bail in Crime No. 1005 of 2016 registered at PS 2-Batalian Iqbal, Pakistan Coast Guard, Karachi, under Section 9(c) of CNS Act, 1997.
2. Briefly stated, the facts of the case are that the applicant/accused Muhammad Iqbal Javed is second driver while applicant/accused Raja Tahir Afzal is ticket collector / Munshi for cargo loading in a Bus bearing Registration No. LZJ-8787, Engine No. JO8CFM 11533, Chassis No. AK-IHRJ/A-11817, Model 2005, which was set off from Mirpur Azad Jammu and Kashmir on 25.07.2016 for Karachi and when it reached at about 6.00 p.m. at Niazi Bus Adda, Lahore nine (09) cartons were booked for Karachi by the staff available there and such bilty receipts were handed over to the applicant/accused Raja Tahir Afzal. However, when the said bus reached Super Highway near Toll Plaza, Karachi at Check Post of Pakistan Coast Guard, it was intercepted and during search nine (09) cartons booked from Lahore were found containing “Hashees”, as a result thereof Zaheeruddin s/o. Waris Khan (owner / driver), applicant/accused Muhammad Iqbal Javed, Amir Hayat s/o. Khizar Khan (cleaner) and applicant/accused Raja Tahir Afzal were arrested in the aforementioned crime and offence. The record reveals that during investigation, the I.O. found applicant/accused Muhammad Iqbal Javed innocent as his no link with the said cartons was established, as the said cartons were booked from Lahore by co-accused Aatif, who was initially named in the challan as Kashif. During investigation, the I.O. also collected CCTV footage showing loading of the said cartons from Niazi Buss Adda Lahore, which was also part of the prosecution case; hence, in view of his finding, the I.O. submitted report before the trial Court releasing the applicant/accused Muhammad Iqbal Javed under Section 169 Cr.P.C. but the trial Court did not accept his report and took cognizance of the offence against the said applicant, whereafter Zaheeruddin (owner / driver) as well as applicants/accused Muhammad Iqbal Javed and Raja Tahir Afzal filed post arrest bail before the trial Court in Case No. 361 of 2016, which was dismissed by the learned trial Court vide order dated 05.09.2016. Thereafter, accused Zaheeruddin filed Criminal Bail Application No. 1327 of 2016 before this Court, which was granted vide order dated 28.09.2016 and it is thereafter the instant Criminal Bail Application has been filed by the above named applicants/accused.
3. The learned counsel for the applicants/accused has mainly contended that the applicants/accused are innocent and they have falsely been implicated in this case, so much so the innocence of the applicant Muhammad Iqbal Javed has been proved during course of the investigation; therefore, he was released by the prosecution under Section 169 Cr.P.C. but the learned trial Court did not accept the report; so far the allegation against applicant Raja Tahir Afzal is concerned, he was just working at the Bus as collector / Munshi and it was not in his knowledge that nine (09) cartons booked under bilty were containing “Hasheesh” hence he is a victim of the circumstances; therefore, both the applicants are entitled for the concession of bail as co-accused Zaheeruddin has already been admitted to bail by this Court. In support of his contentions, learned counsel for the applicants/accused has placed reliance upon the cases of Muhammad Ullah vs. The State (2009 SCMR 954), and Jamal-ud-din alias Zubair Khan vs. The State (2012 SCMR 573).
4. Mr. Raja Ghualm Murtaza, learned Special Public Prosecutor for Pakistan Coast Guard, who is associated with Mr. Fatehyab Ali Khan, Assistant Law Officer, Pakistan Coast Guard, has recorded his no objection for the grant of bail to the applicants/accused on the ground that the accused who had booked the cartons containing “Hasheesh” from Niazi Bus Adda, Lahore have been identified in CCTV footage and they have therefore been challaned accordingly in this case, while the case of present applicants/accused requires further enquiry on their guilt.
5. I have considered the submissions of the learned counsel for the parties and perused the material available on record, which shows that nine (09) cartons containing “Hasheesh” were booked from Niazi Bus Adda Lahore, which were recovered from roof of the above mentioned bus by the Coast Guard Force and on the basis thereof the applicants/accused who are working on different capacities on the bus were booked in the present case. During course of investigation no evidence was collected against the applicant/accused Muhammad Iqbal Javed therefore he was initially released under Section 169 Cr.P.C. however by disagreeing with the I.O. the learned trial Court has taken cognizance against him while applicant/accused Raja Tahir Afzal though was challaned by the prosecution but admittedly he was working as collector / Munshi on the said bus, hence the guilt of applicants/accused calls for further enquiry. Further, the owner / driver of the bus has already been granted bail by this Court and apparently the role of the present applicants/accused is similar to the role of that co-accused.
6. In the circumstances, I allow this bail application. The applicants/accused are admitted to bail subject to their furnishing solvent surety in the sum of Rs.200,000/- (Rupees Two Hundred Thousand only) each with PR Bond in the like amount to the satisfaction of the trial Court.
7. Needless to mention here that the observations made in this case are tentative in nature and shall not prejudice the case of either party at the trial.
JUDGE
Athar Zai