ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Bail Application No.795 of 2018
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DATE ORDER WITH SIGNATURE(S) OF JUDGE(S)
FOR HEARING OF BAIL APPLICATION
Date of hearing: 08.6.2018
Date of Order: 08.6.2018
Mr. Sheikh Muhammad Suleman, advocate for applicant
M/s. Sagheer Abbasi/ Tanya Allah Dad, APG
ORDER
Abdul Maalik Gaddi, J. Having remained unsuccessful in obtaining his release on bail from the trial Court in Crime No.115/2018 registered under Section 23(i)A of Sindh Arms Act, 2013 at PS Bilal Colony, Karachi. Now the applicant Muhammad Mustafa son of Muhammad Ameen is seeking his release on bail through instant bail application.
2. The allegation against the applicant/ accused is that on 27.4.2018 at about 2330 hours, when police party headed by SI Ikram Butt of PS Bilal Colony, Karachi during patrolling in the area arrived at Eidgah Ground, Sector 5/D, New Karachi and apprehended the applicant/ accused in this case and recovered one Kalashnikov along with 05 live rounds and also recovered 1010g Charas from his possession in presence of Mashirs for which a separate FIR bearing No.116/2018 has been lodged.
3. It is stated by the learned counsel for applicant/ accused that the case against applicant/ accused is false and has been registered due to enmity. He further submits that nothing was recovered from the possession of applicant/ accused and the applicant/ accused was allegedly arrested from the populated area despite of this fact, police did not bother to associate with them any independent person of the locality to witness the event. He further submits that the applicant/ accused in connected FIR bearing Crime No.116/2018 under Section 6/9(c) of CNS Act, 1997 has been granted bail by the trial Court on the basis of same Mashirnama. Therefore, applicant is also entitled for bail in this case also.
4. Learned APG though opposed this bail application but he has failed to controvert the above legal and factual aspects of the case.
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 appears from the record that the challan against applicant/ accused has already been submitted before the trial Court. This applicant/ accused is no more required for investigation. The case against applicant/ accused is based upon documentary evidence, which in fact is in possession of the prosecution, therefore, no question does arise for tampering the same at the hands of the applicant/ accused. It is an admitted fact that the present applicant/ accused has also been arrested in Crime No.116/2018 under Section 6/9(c) of CNS Act, 1997 of PS Bilal Colony, Karachi, in which the Mashirnama of this case as well as the case of FIR No.116/2018 is same. Since the applicant/ accused has been granted bail by Special Court No.1 (C.N.S), Karachi dated 12.5.2018 in Crime No.116/2018, which is the main case and having same Mashirnama and it is yet to be considered at the time of trial whether the applicant/ accused has committed offence as narrated in this FIR or otherwise. This aspect of the case requires further probe. There is nothing on record that the present applicant/ accused has any criminal record or he has been convicted previously in any other criminal case. No exceptional grounds appear in this case to withhold the bail of the applicant. In view of the above, applicant has made out a case for further inquiry. I, accordingly admit the applicant on bail subject to his furnishing solvent surety in the sum of Rs.50,000/- and P.R. Bond in the like amount to the satisfaction of the trial Court.
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