ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD.

 

                                       Cr.Bail.Appl.No.S- 855  of   2015

 

DATE     ORDER WITH SIGNATURE OF JUDGE

 

 

28.10.2015.

                            

Mr. Nizamuddin H. Pirzada, Advocate for applicant.

Syed Meeral Shah, D.P.G. for the State.

                   =

         

NAIMATULLAH PHULPOTO, J:         Applicant / accused Bashir Ahmed alias Dugdagi seeks post arrest bail in Crime No.34/2015 registered at Police Station Samaro for offence u/s 23 (1) (a) Sindh Arms Act, 2013.

2.       Brief facts of the prosecution case as disclosed in the FIR are that on 13.06.2015 SIP Azizullzah of P.S Samaro left Police Station alongwith his subordinate staff for patrolling. When the police party reached at Samaro-Jhudo road, applicant/accused wanted in Crime No.48/2013, U/Ss: 401, 398, 34 PPC and Crime No.95/2013 U/s 23(1)(a) of Sindh Arms Act of P.S Samaro was found standing there. He was caught hold, his personal search was conducted by SHO in presence of mashirs. From the fold of his Shalwar one pistol of 30 bore without number and five live rounds in magazine were recovered. Applicant/accused was inquired about the license, he disclosed that he had no license. Applicant/accused was arrested in presence of mashirs HC Noor Hassan and PC Ghulam Mustafa and he was brought to Police Station where FIR was lodged on behalf of the State u/s 23(1)(a) of Sindh Arms Act, 2013. 3.          After usual investigation challan was submitted against the applicant/accused under above referred section.

4.       Bail application was moved on behalf of the applicant / accused before the learned Additional Sessions Judge, Umerkot, the same was rejected vide orders dated 14.07.2015. Thereafter, applicant / accused approached this Court.

5.       Learned counsel for the applicant / accused contended that pistol allegedly recovered was without number and it is easy to foist such weapon but difficult to prove at the trial. It is argued that all the PWs are police officials and there is no question of tampering with the prosecution evidence. Case has already been challaned and the applicant/accused is no more required for investigation. It is argued that applicant/accused has been granted bail in main case bearing Crime No.26/2015, U/Ss 324, 353, 399, 401, 34 PPC registered at Police Station Khan by 3rd Assistant Sessions Judge, Mirpurkhas vide orders dated 15th July 2015. Lastly argued that maximum sentence as provided in Statute shall not be awarded to accused in the circumstances of case. In support of his contentions, reliance has been placed upon the cases reported as Jamaluddin allias Zubair Khan v. The State (2012 SCMR 573) and Muhammad Mubarak v. The State (1998 P.Cr.L.J 648).

6.       Learned D.P.G. appearing on behalf of the State, opposed the bail application mainly on the ground that the present applicant / accused is involved in other cases and 30 bore Pistol has been recovered from his possession and the case falls within the prohibitory clause of Section 497 Cr.P.C.

7.       I am inclined to grant bail to the applicant / accused for the reasons that alleged pistol was without number/description. Case has already been chlallaned. Applicant/accused is no more required for investigation and he is behind the bar since more than three months. Applicant/accused has been granted bail in the main case bearing Crime No.26/2015, U/Ss 324, 353, 399, 401, 34 PPC registered at Police Station Khan by learned 3rd Assistant Sessions Judge, Mirpurkhas vide orders dated 15th July 2015. Case has already been challaned and there is no progress in trial. Needless to mention that the Court while hearing a bail application not to keep in view the maximum sentence provided by the Statue but the one which is likely to be entailed in the facts and circumstances of the case. While relying upon the above cited authorities, keeping in view above circumstances, I hold that case of applicant / accused, prima facie, requires further inquiry as contemplated under sub-section (2) of Section 497 Cr.P.C. The applicant / accused Bashir Ahmed alias Dugdagi is admitted to bail subject to his furnishing solvent surety in the sum of Rs.100,000/- (One lac) and P.R. Bond in the like amount to the satisfaction of trial Court.

8.       Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the trial Court while deciding the case of the applicant / accused on merits.

         

 

                                                                                       JUDGE

 

 

 

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