ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Cr. B.A. No.423 of 2018
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DATE ORDER WITH SIGNATURE(S) OF JUDGE(S)
FOR HEARING OF BAIL APPLICATION
11.4.2018
Mr. Liaquat Ali, advocate for applicant
Mr. Muntazir Mehdi, DPG
ORDER
Abdul Maalik Gaddi, J. Having remained unsuccessful in obtaining his release on bail from the trial Court in Crime No.41/2018 registered under Section 23(1)A of Sindh Arms Act 2013 at PS NKIA. Now the applicant Ghulam Abbas son of Pir Bux is seeking his release on bail through instant bail application.
2. Facts necessary for the disposal of this case are that on the relevant date and time, the applicant was arrested and recovered from his possession one Rifle in shape of Kalashnikov 44 bore with empty magazine, its body written CAL 44 PAK MADE, in presence of mashirs namely HC Danish Kamal and PC Noman Khan.
3. It is argued by the learned counsel for applicant that the case against applicant is false and has been registered due to enmity. He further submits that nothing was recovered from the applicant/ accused and this applicant/ accused has been involved in this case malafidely. He further submits that this applicant/ accused has been granted bail in main case under Crime No.42/2018 under Section 6/9-B of CNS Act of PS NKIA on the basis of same mashirnama. He further submits that the applicant/ accused is behind the bar since his arrest without any substantial progress in trial before trial Court.
4. Learned DPG though opposed this bail application, but he has failed to controvert the contentions and grounds as agitated by learned counsel for applicant for grant of bail.
5. I have given my anxious thoughts to the contentions raised at the bar and have gone through the case papers so made available before me.
6. It is an admitted fact that the case has been challaned. Applicant/ accused is no more required for investigation. It also appears from the record the whole case of prosecution rest upon the evidence of police officials and so also based upon documentary evidence, which is admittedly in possession of the prosecution. Since the whole case of the prosecution rest upon the evidence of police officials, therefore, their evidence is required to be minutely scrutinized at the time of trial, whether the incident has taken place in a fashion as alleged in FIR or otherwise. There is nothing to show that applicant is a previous convict or has been arrested in a case of similar nature in past. It has been admitted by learned DPG that this applicant/ accused has been granted bail by the trial Court in main case under Crime No.42/2018 under Section 6/9-B of CNS Act of PS NKIA and the mashirnama of both the crimes are same. He further submits that this applicant/ accused has been granted bail in connected case being Crime No.42/2018 under Section 6/9-B of CNS Act of PS NKIA, therefore, under these circumstances, it is yet to be determined at the time of trial whether this applicant/ accused is involved in this case or otherwise. Under these circumstances, I have come to this conclusion that the applicant/ accused has made out a case for grant of bail. I, accordingly, admit the applicant/ accused on bail after his furnishing solvent surety in the sum of Rs.50,000/- and PR bond in the like amount to the satisfaction of the trial Court. Since the accused has been challaned, therefore, trial Court is directed to proceed the case and decide the same preferably within the period of 03 months after receipt of this order and its compliance report be submitted to this Court through MIT-II; No unnecessary adjournment shall be granted to either side. It is also made clear that in case if applicant/ accused misuses the bail, then of course, the learned trial Court would be competent to cancel the bail of the applicant after due notice to applicant.
7. Needless to mention here that any observation if made in this order is tentative in nature and shall not effect the merits of the case.
Judge
asim/pa