IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 957 of 2018

Mudasir Ali Khan………………...………………...…………………..Applicant

Versus

The State…………………………….……………..……………….Respondent

Date of hearing : 30.08.2018

Mr. Tariq Mahmood, advocate for the Applicant.

Mr. Abrar Ali Khichi, DPG for State.

O R D E R

FAHIM AHMED SIDDIQUI, J: By filing instant bail application, the above named applicant seeks his release on bail during pendency of trial in a criminal case registered against him by lodging FIR No. 143/2016 at PS CTD/OPS, Karachi under Section 23(1)(A) of Sindh Arms Act, 2013.

I have heard the arguments advanced and gone through the record and citations placed before me. From whatever argued and relied upon before me, I have observed as under :-

a) The prosecution case as per the FIR is that the applicant was arrested with reference to FIR No.143/2016 as at the time of his arrest, the applicant was having an unlicenced Kalashnikov No.XT8257 loaded magazine with 30 live bullets. From possession of the applicant, some other illicit ammunitions were also recovered.

b) Although a huge quantity of ammunitions was allegedly recovered but the police has violated compliance of Section 103 CrPC in the instant matter.

c) The applicant was arrested in the year 2016 but the trial has not yet been completed, as such his case falls under the category of hardship and statutory delay.

d) It is a settled law that no one can be kept in captivity for an indefinite period of time.

In view of above observations, it is my tentative opinion that it cannot be said that the case against the applicant is not free from doubt and further probe, as such, instant bail application was granted and the applicant was admitted to bail in the sum of Rs.50,000/- with PR bond in the like amount to the entire satisfaction of trial Court vide my short order dated 30.08.2018 and the above are the reasons of the said short order.

However, if the applicant misuses the concession of bail or fails to appear before trial Court, then trial Court is empowered to take every action against the applicant as well as surety including cancellation of bail without making reference to this Court.

I would like to make it clear that above observations are tentative in nature and have been made only for deciding instant bail application and same would have no effect or impact upon the case of either party during trial.

J U D G E