ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Bail Appln. No.S-741   of   2023

Date of Hearing

ORDER WITH SIGNATURE OF JUDGE

 21.12.2023.

1. For orders on office objection.

2. For hearing of Bail Application.

Mr. Habibullah G. Ghouri, Advocate for the applicant.

Mr. Ali Anwar Kandhro, Additional Prosecutor General.

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          Applicant/accused Ameer Ali son of Muhammad Yaqoob Shar seeks post arrest bail in Crime No.211/2023, for offence under Section 23(1)(a) of Sindh Arms Act of 2013, registered at Police Station Ratodero. The applicant preferred bail application before the trial Court/Additional Sessions Judge, Ratodero, which in terms of order dated 05.12.2023 has been declined; hence this application.

          According to the case of prosecution, on 18.10.2023 a police party of PS Ratodero headed by complainant ASI Muhammad Siddique Brohi, on a tip-off, apprehended applicant Ameer Ali Shar and recovered an unlicensed Kalashnikov with one magazine loaded with 15 live bullets of 7.62 bore, hence he was booked in this case on behalf of State.

          Learned advocate for the applicant submits that the alleged recovery has been foisted upon the applicant at the behest of complainant of main case Crime No.152/2023 of PS Ratodero, u/s 302, 324, 109, 148, 149, PPC, so as to strengthen said main case. He further submits that the case has been challaned by the police, as such, the applicant is no more required for any further investigation. He further submits that the punishment provided by the law for the alleged offence is discretionary; hence, he is entitled for the bail. He further submits that though the alleged recovery is shown to have been made at an open public place and that too on the basis of advance information, yet no private/independent person was associated or cited as witness of alleged recovery proceedings. He, therefore, submits that the case against the applicant requires further enquiry. In support of his contentions, he has relied upon the cases reported as Yaqoob alias Lala v. The State (2016 PCr.LJ 1658) and Arbab v. The State (PLD 2014 Sindh 476).

          Learned Addl. Prosecutor General, opposes the bail application, on the ground that as per the order whereby the trial Court has refused concession of bail to the applicant, the applicant has jumped the bail in the main case, therefore, he is not entitled for any concession in this case.

          After hearing the parties and having gone through the record, particularly the FIR, it reveals that the applicant is also involved in the main case based on Crime No.152/2023 registered at PS Ratodero, under Sections 302, 324, 109, 148, 149, PPC. The Counsel has not annexed copy of any document to show that the applicant has been granted bail in the said main case or otherwise. Hence, at this juncture, the Counsel is put on notice to satisfy how this application in view of above admitted position on record is maintainable. Meanwhile, office is directed to call progress report as well as status of trial from the trial Court/Additional Sessions Judge, Ratodero in respect of the Sessions Case emanating from Crime No.152/2023 of PS Ratodero, u/s 302, 324, 109, 148, 149, PPC. 

                   To come up on 04.1.2024.

                                                                                              JUDGE  

It is the case of prosecution that the applicant was found in possession of an unlicensed Kalashnikov in the early hours of the day i.e. at 6.00 a.m. morning; however, it has not been shown that why the applicant was carrying lethal weapon at such early hour of the day. As far as punishment of the offence as provided by the law is concerned, per the Act of 2013, it has been left upon the discretion of the Court which after recording evidence of the prosecution witnesses may award sentence from zero to 14 years. It is also an admitted position that the case has been challaned, therefore, the applicant is no more required for investigation purpose. There is no apprehension of tampering with the prosecution evidence. The Court while hearing bail application is not to consider the maximum sentence provided by the statute, as such, the offence does not fall within prohibitory clause of Section 497, Cr.P.C, therefore, he deserves to be released on bail.

          6.       Keeping in view the above facts and circumstances and in view of the principles enunciated by this Court in the reported cases of Arbab v. The State and Yaqoob alias Lala v. The State (supra) as well as in the case of Ayaz Ali v. The State (PLD 2014 Sindh 282), the applicant/accused has been able to make out a case for grant of bail. Therefore, instant bail application is allowed and the applicant is directed to be released on bail on his furnishing solvent surety in the sum of Rs.100,000/- (rupees one hundred thousand only) and P.R bond in the like amount to the satisfaction of trial Court.