IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No. 1136
of 2023
Criminal Bail Application No. 1137
of 2023
Criminal Bail Application No. 1138
of 2023
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
Present: Mr. Justice Naimatullah Phulpoto
Justice Mrs. Kausar Sultana Hussain
For hearing of bail application
08.08.2023
Mr.
Khawaja Muhammad Azeem advocate for the applicants
Mr.
Ali Haider Saleem Addl. P.G along with I.O
-.-.-.-.-.-.-.-.
Naimatullah Phulpoto, J.- Applicants/accused
Muhammad Riaz Khan and Umar Farooq seek post arrest bail in main case bearing
Crime No. 194/2023 under Sections 147/148/149/353/324/186/427 PPC read with
Section 7 ATA 1997, and in offshoot cases bearing Crime Nos. 195 and 196 of
2023 under Section 23(1)(a) of Sindh Arms Act 2013, registered against them at
P.S Docks, Karachi.
2. Brief facts leading to the filing of
these bail applications are that police party of PS Docks left PS on 25.04.2023
for patrolling, there was police encounter on 25.04.2023 at Awan Coach Adda,
Niazi Mohallah, Machhar Colony Karachi. No one sustained fire arm injury from
either side. However, it is alleged that one bullet hit to the motorcycle of
police party. It is stated that during scuffle, applicants sustained some injuries,
from the possession of the applicant Muhammad Riaz Khan one unlicensed 9mm
pistol was recovered and from applicant Umar Farooq one 30 bore pistol without
license was recovered. Thereafter, both the applicants were brought at PS along
with unlicensed weapons, where separate FIRs were registered against them as
stated above.
3. After usual investigation, final reports
were submitted before learned Judge ATC. Bail applications were moved on behalf
of the applicants before trial Court, the same were rejected vide single order
dated 20.05.2023. By this single order, we intend to dispose of the bail
applications in main case as well as in offshoot/ connected cases.
4. Learned advocate for the applicants
mainly contended that there was cross firing with the sophisticated weapons,
but none received injury in the alleged incident; that applicant Muhammad Riaz
Khan is businessman and 9mm pistol is licensed one and in his name but it was
foisted upon him by the police for malafide reason; that both the applicants
are in custody for more than 04 months, yet there is no progress in the trial.
In support of his contentions, reliance is placed upon the cases reported as Gul Rehman vs. The State through A.G KP,
Peshawar (PLD 2021 S.C 795) and unreported orders passed by this Court in
Criminal Bail Application No.1342/2017 dated 30.10.2017 and Criminal Bail
Application No.797/2018 dated 12.07.2018.
5. Learned Addl. P.G argued that after
cross firing both the applicants were arrested at spot and unlicensed weapons
were recovered from them. He further argued that applicant Muhammad Riaz Khan
is involved in several criminal cases and opposed the bail applications.
6. We have perused the contents of the
FIR, 161 Cr.P.C statements of the P.Ws and other material collected during
investigation. A case for grant of bail to the applicants/accused is made out
for the reasons that there was cross-firing with sophisticated weapons between
the parties, but none received firearm injuries from either side in the incident.
It is the case of the prosecution that accused received injuries at the time of
arrest but no medical certificate is produced to substantiate such contention
of the prosecutor. Learned advocate for the applicants argued that 9mm pistol
was licensed weapon in the name of applicant Muhammad Riaz Khan and it has been
foisted upon him. Ingredients of offences with which applicants/accused are
charged are yet to be determined at trial. Investigation is complete and
applicants/accused in custody for the period of more than 04 months, yet there
is no progress in the trial. Rightly reliance has been placed upon the Gul Rehman (supra).
7. For the above stated reasons, prima
facie, there are no reasonable grounds for believing that the
applicants/accused have committed the alleged offence, but there are sufficient
grounds for further inquiry into their guilt. The applicants/accused are
entitled to be released on bail subject to their furnishing solvent surety in
the sum of Rs.200,000/- (Rupees Two Lacs) each
and P.R bond in the like amount in main case and in offshoot case, subject to
their furnishing solvent surety in the sum of Rs.100,000/-(Rupees One Lac) each and P.R bond in the like amount to
the satisfaction of the trial Court. Instant bail applications are accordingly
allowed.
8. Needless to mention here that the
observations made hereinabove are tentative in nature, the same would not
influence the trial court while deciding the case of the applicants/accused on
merits.
JUDGE
JUDGE
Wasim
ps