IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No.2618 of 2023

[ Parvaiz Islam versus The State ]

 

                                                                        Before:

Mr. Justice Naimatullah Phulpoto

Mr. Justice Amjad Ali Sahito

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22.12.2023

Mr. A. J. K. Marwat, advocate for applicant

Mr. Ali Haider Saleem, Additional Prosecutor General

PI/IO Hafiz Ali Akbar of P.S. Mochko

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O R D E R

NAIMATULLAH PHULPOTO, J.- Applicant/accused Parvaiz Islam seeks post arrest bail in FIR No.384/2023, registered at P.S. SITE “A”, Karachi for offences under Sections 4 / 5 of the Explosive Substances Act, 1908 read with Section 7 of the Anti-Terrorism Act, 1997. Prior to this, applicant applied for the same relief before learned Judge, Anti-Terrorism Court-XIII, Karachi in Special Case No.429/2023, the same was rejected by the trial Court vide its order dated 11.11.2023.

2.         Brief facts leading to the filing of this application are that on 24.09.2023, ASI Peer Bux of P.S. SITE “A” Karachi was busy in patrolling duty along with his subordinate staff, he received spy information that applicant was standing at main Khattak Chowk in a suspicious manner; the police party proceeded there and caught him hold. From his possession, one hand-grenade No.POF70/026 was recovered. Mashirnama of arrest and recovery was prepared. Thereafter, accused and case property were brought to the police station and FIR was lodged against the applicant under the above referred sections. During investigation, hand grenade was sent to the expert and positive report was received. After usual investigation, challan was submitted against the accused under the above referred sections. It is informed that the case is pending before learned Judge, Anti-Terrorism Court-XIII, Karachi, where it is stated that evidence of three PWs has been recorded and the trial is in progress.

3.         Learned advocate for the applicant/accused mainly contended that the applicant had dispute with PC Jamshed as PC Jamshed had purchased two sacrificial animals from the applicant, he could not pay the amount for the said animals to the applicant and the applicant was continuously demanding such amount. Thereafter, PC Jamshed, approached the concerned SHO and false FIR has been registered against the applicant. It is further submitted that prior to the arrest of the applicant, he had made calls to the high officials of the police about his false implication in a case. It is further submitted that prior to this, two cases were registered against the applicant, in which he has been granted bail before arrest. It is also submitted that plea of the applicant/accused was not recorded by IO during investigation. Lastly, it is submitted that the applicant is in custody for more than three months, yet the trial is not concluded and prayed for bail.

3.         Mr. Ali Haider Saleem, Additional Prosecutor General Sindh argued that hand grenade was recovered from the possession of the applicant and the report is positive. Learned Additional P.G. further submitted that contentions raised by learned advocate for applicant requires deeper appreciation of evidence which is not permissible at this stage. Learned A.P.G. pointed out that evidence of three PWs has been recorded by the trial Court and the trial is likely to be concluded shortly. He has seriously opposed the bail application.

4.         We have heard the learned counsel for the parties and perused the relevant record.

5.         As regards to the contention of learned advocate for the applicant that PC Jamshed had dispute with applicant/accused over the payment of two sacrificial animals, such contention can only be appreciated at trial. As regards to the defence plea, certainly it will be considered at the time of appreciating evidence. It is settled principle of law that deeper appreciation of evidence is not permissible at the bail stage. It is a matter of recorded that evidence of three prosecution witnesses has been recorded by the trial Court, trial is in progress and the proper course for this Court in such a situation would be to direct the trial Court to conclude the trial within a specified period. At this stage, assessment of evidence by this Court may influence the trial Court. In the case of REHMATULLAH vs. THE STATE and another (2011 SCMR 1332) Supreme Court of Pakistan has held as under:

“The courts  should  not  grant  or  cancel  bail  when the trial is in progress and proper course for the courts in such a situation would be to direct the learned trial Court to conclude the trial of the case within a specified period. Reference may be made to Haji Mian Abdul Rafiq v. Riaz ud Din and another (2008 SCMR 1206). We find that the impugned order was passed in violation of the law, therefore, we cannot subscribe to it. In view whereof, we are persuaded to allow this petition and direct the learned trial Court to conclude the trial of the case expeditiously.”

 

5.         In the view of above, no case for grant of bail to the applicant/accused is made out, instant criminal bail application is dismissed, with direction to the trial Court to conclude the trial within two months, under intimation to this Court.

 

      J U D G E

 

J U D G E

 

Gulsher/PS