ORDER SHEET

THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Applications No. 1325 and 1326 of 2017

Present Mr. Justice Naimatullah Phulpoto

Mr. Justice Khadim Hussain Tunio

Date of Hearing: 18.09.2017

Date of announcement of Order: 28.09.2017

Applicant/accused: Jaleel Qadir through Mr. Aamir Mansoob Qureshi Advocate

Respondent: The State through Mr. Abrar Ali Khichi DPG

O R D E R

NAIMATULLAH PHULPOTO, J.- Applicant/accused Jaleel Qadir seeks post arrest bail in FIR No.38/2017 registered under Sections 4/5 Explosive Substance Act, 1908 read with Section 7 of the Anti-Terrorism Act, 1997 and FIR No.39/2017 registered under Section 23(1)(a) of Sindh Arms Act, 2013, at Police Station Nabi Bux Karachi.

2. Brief facts of the prosecution case, as disclosed in the FIR are that on 14.03.2017, SIP Mohammad Abdullah left Police Station along with his subordinate staff in the Government vehicle for patrolling. While patrolling when the police party reached at M.R. Kiyani Shaheed Road near Café Mubarak Crossing Garden Road, where it is alleged that police party stared snap checking, when at about 0115 hours, a Pajero Jeep No. BC-1899, appeared from M.R.Kiyani Shaheed Road, it was stopped. On enquiry, person sitting at the driving seat disclosed his name as Jalil Qadir son of Qadir Bukhsh. Due to non-availability of the private persons, ASI Mohammad Babar Khan and PC Mohammad Nawaz were made as mashirs and search of Pajero Jeep was conducted. It is alleged that two hand grenades ARGES HdGt-69 were recovered underneath the driving seat while a Kalashnikov along with loaded magazine carrying 10 live rounds without permit were recovered. Further personal search of accused was conducted, three mobiles, purse, CNIC, ATM cards, cheque book, cheques, arms license in the name of Zahid Moeen, a wrist watch, miscellaneous documents and cash of Rs.970/- were recovered. (Details of the articles were mentioned in the mashirnama of arrest and recovery). Accused was arrested. Mashirnama of arrest and recovery was prepared. Accused and case property were brought at Police Station Nabi Bux.

3. Bomb Disposal Unit examined hand grenades on 14.03.2017; 161 Cr.P.C statements of P.Ws were recorded. On the conclusion of usual investigation, challan was submitted against accused under Section 4/5 Explosive Substance Act, 1908 read with Section 7 of the Anti-Terrorism Act, 1997 and under Section 23(1)(a) of Sindh Arms Act, 2013.

4. Bail Applications were moved before learned Judge, Anti-Terrorism Court No.X at Karachi. The same were dismissed vide order dated 02.08.2017. Thereafter, the applicant/accused has approached this Court for the same relief. By this single order, we intend to decide bail applications moved in above referred crimes/cases.

5. Mr. Aamir Mansoob Qureshi, learned Advocate for the applicant/accused has contended that present applicant/accused was picked up by 10 to 15 persons in plain clothes from his house on 10.03.2017 at about 2300 hours. It is argued that they belonged to law enforcement agency. It is submitted that brother of the applicant/accused approached Rangers officials and moved application at Police Station Gulshan-e-Iqbal on 12.03.2017 regarding missing of the applicant/accused but without any result. It is further argued that officials of the Rangers handed over custody of the applicant/accused to the SHO, Police Station Nabi Bux on 14.03.2017 and weapons were foisted upon accused. It is further argued that applicant/accused is not connected with any militant group or financer to such gang. He has also argued that I.O has failed to enquire into/ investigate the application submitted at Police Station Gulshan-e-Iqbal regarding missing of the applicant/accused before registration of the FIRs. It is contended that PC Mohammad Nawaz has given description of hand grenades as ARGES, whereas description of the hand grenades has been given by the co-mashir ASI Mohammad Babar Khan as ARGES-69. Lastly, it is argued that case against the applicant/accused requires further enquiry. In support of his contentions, learned counsel for the applicant/accused relied upon the case reported as Mohammad Noman vs. The State and another (2017 SCMR 560) and an unreported order of this Court passed in Cr. Bail Application No. 1970/2014 (re: Mohammad Farooq vs. The State) passed on 19.03.2015.

6. Mr. Abrar Ali Khichi, learned DPG argued that two hand grenades and one K.K were recovered from the Pajero jeep of the applicant/accused on 14.03.2017 at odd hours of night; police officials had no enmity whatsoever to falsely implicate the accused in this case. Lastly, it is argued that accused has committed grave offence. Learned DPG has opposed the bail applications.

7. We have carefully heard the learned counsel for the parties and perused the relevant record. From the facts of the case it appears that applicant/accused was arrested by police on 14.03.2017 at 0115 hours and from the search of his Pajero Jeep two live hand grenades and Kalashnikov were recovered. Bomb Disposal Unit examined the hand grenades on 14.03.2017 and issued inspection report of hand grenades as under:-

“As per possible & readable observation that the above mentioned Hand Grenades are EOD Devices (Explosive Ordnance Devices), if it’s with proper technique give loss of life and damage their property. The said Hand Grenades made properly safe, packed in plastic bottle, sealed and handed over to W/ASI Abdul Aziz of PS KPT along with clearance certificate signed by BD team and with the advised for safe handling.”

8. In our considered view, apparently applicant/accused was carrying two live hand grenades and K.K in his Pajero Jeep at odd hours of night. This is not a case of street crime of mobile snatching but it is a heinous offence. Law and order situation in Karachi is yet not normal. Offence with which accused is charged needs to be discouraged. We have found no major contradiction in the statements of P.C Mohammad Nawaz and ASI Mohammad Khan Babar in their 161 Cr.P.C statements regarding description of hand grenades. Moreover, deeper appreciation of evidence is not permissible at bail stage. In more or less, similar circumstances, larger Bench of Honourable Supreme Court of Pakistan in an unreported order passed in Criminal Petition Nos. 266 & 267 of 2014 (re: Mohammad Adnan vs. The State) dated 02.07.2014, has held as under:

“The petitioner seeks bail in two FIRs bearing Nos. 854 & 855/2013 registered on 13.12.2013 at P.S CID, West Karachi. The reason why we found it necessary to issue notice to the State is noted in our previous order dated 17.06.2014. Today the Deputy Prosecutor General, Sindh has appeared and has pointed out that the occurrence took place on 13.12.2013 at 11:00 p.m. and FIR was lodged on the same day at 11:50 p.m. The petitioner Muhammad Adnan was also arrested on the same day and physical remand for seven days was obtained from the competent Magistrate on 14.12.2013. Two live hand grenades in addition to arms were recovered from the petitioner which were subsequently, defused by Bomb Disposal Squad.

2. The offence is punishable for a term extending ten years. Even otherwise, having such ammunition is a grave offence undermining the law and order situation in Karachi.

3. For the foregoing reasons, we find the impugned order to be proper. We, therefore, find no justification for interfering in the same. Consequently, these petitions are dismissed and leave to appeal is declined.”

9. Contention of learned Advocate for applicant/accused that fair investigation was not conducted by Investigation Officer, is without merit for the reasons that FIR was registered at P.S. Nabi Bux, but brother of applicant/accused submitted application before SHO Gulshan-e-Iqbal, that accused has been picked up before registration of FIR from home. Moreover, no malafide on the part of the investigation officer has been pointed out.

10. On our tentative assessment of material available on record, there appear reasonable grounds for believing that applicant/accused has committed alleged offences punishable for more than 10 years. Applicant/accused was carrying two hand grenades and K.K in his Pajero Jeep such ammunition is a grave offence undermining the law and order situation in Karachi. While respectfully relying upon the above referred case of the Honourable Supreme Court (re: Mohammad Adnan vs. The State) In our considered view, no case for grant of bail is made out. Consequently, bail applications are without merit and the same are dismissed. However, Trial Court is directed to decide the case on merit within 03 months in accordance with law, under intimation to this Court.

JUDGE