IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-766 of 2021

Applicant: Aziz Ahmed @ Raja, through

Mr. Zulfiqar Ali Laghari, Advocate

State: Through Mr. Shafi Muhammad Mahar

Deputy Prosecutor General.

Date of hearing: 10.01-2022

Date of Decision: 10.01-2022

O R D E R

ZULFIQAR ALI SANGI, J.- Through instant bail application, applicant/accused Aziz Ahmed @ Raja son of Fakir Muhammad Channa, is seeking his post-arrest bail in FIR No.246/2021, registered at Police Station Mirwah, District Khairpur, under sections 23(i)a Sindh Arms Act 2013. His earlier post-arrest bail application was dismissed by the learned Additional Sessions Judge-II, Khairpur, vide order dated 15.11.2021.

2. Briefly the facts of the prosecution case are that on 30.10.2021 complainant HC Ghulam Qadir along other staff during patrolling received information that accused Aziz Ahmed wanted in Crime No.161/2021 is available at Siyal Mojai Shakh. On this information they went to the pointed place, apprehended the accused and recovered one unlicenced pistol along with five bullets, which he disclosed to have used in the commission of crime No.161/2021.

3. Learned counsel for the applicant has contended that the applicant is innocent and pistol has been foisted upon him. He next contended that all the PWs are police officials and no independent person has been associated as witness or mashir from the place of information or place of arrest. He also contended that the offence does not fall within prohibitory clause of section 497 Cr.P.C and the case of applicant requires further enquiry and he is entitled for concession of bail.

4. Learned DPG has opposed the grant of bail and has contended that an unlicensed pistol has been recovered from the possession of applicant and there appears no reason for falsely implicating the applicant and version of complainant has been fully supported by the witnesses, as such the applicant is not entitled for concession of bail.

5. I have considered the arguments advanced by learned counsel for applicant, learned DPG and have gone through the material available on record with their able assistance.

6.                Admittedly the applicant was apprehended by complainant HC Ghulam Qadir on receiving spy information and an unlicensed pistol was recovered from his possession for which he told that it was the same pistol which he used in the commission of crime No.161/2021. It is settled law that official witnesses are as good witnesses as private persons in absence of the private persons and they have fully supported the version of the complainant. No malafide has been pointed out by the applicant on the part of complainant or the investigating officer for false implication. Though the offence does not fall within prohibitory clause of section 497 Cr.P.C but in non-bailable offence the grant of bail is discretionary which cannot be demanded as matter of right and in the connected crime in which the recovered pistol was used the bail has already been declined. It is well settled principal of law that the court has to make tentative assessment while deciding the bail application and deeper appreciation of evidence is not permissible at bail stage.  

7.                In these circumstances; I am of the considered view that there is sufficient material available with the prosecution which connects the applicant with the offence and the applicant has failed to make out his case for post-arrest bail. Accordingly, instant bail application is dismissed.

8.                The observations made hereinabove are tentative in nature only for the purpose of deciding the instant bail application, which shall not, in any manner, influence the learned Trial Court at the time of final decision of the subject case.

JUDGE

Suleman Khan/PA