ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr. B.A. No.305 of 2018

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DATE                 ORDER WITH SIGNATURE(S) OF JUDGE(S) 

FOR HEARING OF BAIL APPLICATION

22.3.2018

Mr. M. Ayaz Khan, advocate for applicant

Ms. Seema Zaidi, DPG along with S.I. Kolachi PS Docks

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ORDER

Abdul Maalik Gaddi, J.  Having remained unsuccessful in obtaining his release on bail from trial Court in case under Crime No.525/2017 registered under Section 23(1)A S.A.A. 2013 at PS Docks. Now the applicant Usman @ Cheeta is seeking his release on bail through instant bail application.

2.         The brief facts of the prosecution case are that on 15.12.2017 at 1800 hours SI Abdul Hakeem along with sub ordinates arrested the accused Usman from Gali No.5, Fish Harbour, Karachi, and from his personal search recovered one 30 bore pistol without number. Thereafter, the accused and property were brought at PS where FIR has been lodged against accused for the offences punishable under Section 23(1)-A SAA 2013.

3.         Learned counsel for applicant/ accused has contended that applicant/ accused is innocent and has been falsely implicated in this case by the police with mala fide intention and ulterior motives. He further contended that there is no description of alleged weapon about the colour of said weapon and made by which country is mentioned. He further contended that place of incident is thickly populated area but no any independent person is cited as mashir of the alleged incident, arrest of recovery and all the mashirs are the police officials who are interested witnesses and there is no any independent witness which is clear violation of section 103 CrPC. Lastly he prayed to grant the bail to applicant/ accused.

4.         Learned DPG has opposed for grant of bail on the ground that the applicant has been arrested on spot in presence of mashirs, who have no inimical terms with the applicant, prima-facie shows the involvement of the applicant in a case which appears serious in nature. Therefore, she prays to dismiss the bail application.

5.         I have given my anxious thoughts to the contentions raised at the bar as well as the material available on record.

6.         It is an admitted position that case has been challaned. Applicant is no more required for investigation. The whole case of the prosecution rest upon the evidence of Police officials, therefore, no question does arise for tampering of their evidence at the hands of the applicant. 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 offence as alleged in FIR, allegedly committed by the applicant in a fashion as narrated by complainant or otherwise. There is nothing on record to show that the applicant is a previous convict or has been arrested in a case of similar nature in past. Looking to the above circumstances, the applicant has made out the case for grant of bail. I, therefore, admit the applicant on bail after his furnishing surety in the sum of Rs.20,000/- and PR bonds in the like amount to the satisfaction of the trial Court. Since the case has been challaned, therefore, trial Court is directed to proceed the case expeditiously and decide the same preferably within the period of three (03) months after receipt of this Order strictly in accordance with law. Compliance report be submitted to this Court through MIT.

Needless to mention here that the observation made in this order is tentative in nature and shall not effect the merits of the case.

Judge

asim/pa