ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

1^st Cr. Bail Appln. No. S- 63 of 2025.   

DATE OF HEARING             ORDER WITH SIGNATURE OF HON’BLE JUDGE

1.For orders on office objections as flag .A.

2.For hearing of bail application.                     

10.3.2025.

                        Mr. Saeed Ahmed Bijarani, advocate for the applicant.

                        Mr. Nazir Ahmed Bhangwar, D.P.G for the State.

O R D E R.

KHALID HUSSAINSHAHANI-J.:- Through this application, applicant  Hussain Bux Malik seeks post arrest bail in a case bearing Crime No.60 of 2024, offence u/s 23(i) of Sindh Arms Act, 2013, P.S Abad District Jacobabad. The bail plea of applicant was declined by the learned Sessions Judge, Jacobabad vide order dated 20-01-2025.

2.        The facts that led to prosecution case are, on 07.12.2024 police party headed by SIP Abdul Rasheed Brohi, on spy tip, intercepted a Mehran car bearing registration No.AAk-626, being driven by applicant near Agriculture College and allegedly recovered 15 unlicensed Repeaters and 10 magazines of 12 bore. Consequent upon; case was registered inter alia on above facts.

3.        After exhausting usual investigation, initially the report u/s 173 Cr.P.C was submitted before the court of learned Special Judge, Anti-Terrorism; however, same was returned vide order dated 07.01.2025 with direction to submit the same before the Court having jurisdiction; accordingly, accused was sent up to face trial before learned Sessions Judge, Jacobabad. 

4.        It is mainly contended by learned counsel that the applicant has been falsely implicated in this case and the alleged recovered weapons have been foisted upon him. He added the prosecution story is/was concocted; no independent witness has been associated with the search, arrest and alleged recovery in violation of section 103 Cr.P.C. On all these scores, he urged that the prosecution case against the applicant calls for further enquiry and he is entitled to grant of bail.

5.        Conversely, learned D.P.G for the State opposed the grant of bail, arguing that a huge consignment of unlicensed weapons including repeaters and magazines has been recovered from the car, being driven by the applicant, for which no explanation furnished by him. He further argued that the applicant’s conduct, coupled with the nature of the weapons recovered, establishes a prima facie case of grave concern, hence not entitled for the relief sought.

6.        Having heard the arguments of both sides and perusing the available record, it is evident that huge quantity of costly weapons has been affected from two sacks lying on the rear seat of a car driven and owned by applicant. Such fact suggests he was transporting the illicit arms to Kashmore @ Kandhkot with some ulterior motives.

7.        The applicant’s alleged intention to use these weapons is a serious concerns matter that cannot be overlooked. At this stage, it is important to consider the nature of the offense, the gravity of the charge, and the evidence available. Such recovery of huge quantity of arms could hardly be foisted easily. As regards the non-compliance of section 103 Cr.P.C is concerned, it would be suffice to say, the main object of such provision is to ensure the search and recovery in honest, fair and transparent manner. In the instant case, the arrest and recovery was affected from Highway during odd hours i.e. 01.00 a.m (night), when availability of private persons at place of occurrence could hardly be expected. In such circumstances, association police personnel as mashirs of arrest and recovery, does not, in the circumstances of this case, create a reasonable doubt regarding the credibility of the recovery and seizure of the arms.

8.        The applicant has not advanced sufficient grounds to justify the grant of bail in a case, in which the charge against him is grave and pertains to a heinous offense that threatens public safety and security. The possibility of tampering with evidence or influencing witnesses cannot be ruled out. Consequently, at this stage, sufficient material is available on record to link the applicant with the commission of alleged offence. Therefore, he could not be absolved from the liability on mere assertion that he was falsely involved by police only to show their efficiency before their high ups.

9.        For what has been discussed above, I am of the candid opinion that the applicant has failed to make out a case for grant of post arrest bail at this stage, therefore, instant bail application being devoid of merits stands dismissed. However, trial Court is expected to proceed with the trial expeditiously and conclude the same within a reasonable span of time.

JUDGE

S.Ashfaq/PS