ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT, LARKANA.

Cr. Bail Appln. No. S- 501 of 2012.

Dated                                     order with signature of hon’ble Judge.

1. For orders on office objection as flag A.

2. For Katcha Peshi.                          

11.01.2013.

                        Mr. Abdul Rehman Bhutto, advocate for the applicant.

                        Mr. Abdul Rasheed Soomro, State Counsel.

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                        Applicant  has moved  this application  for post arrest bail in Crime No.113/2012 of P.S Taluka registered for an offence punishable U/S 13 D.A.O.

                        It is interalia, contended that  the prosecution has foisted  false case on the applicant  despite fact that  the alleged offence was committed in thickly populated area, no private mashirs were associated  and no efforts were made to secure two mashirs from the public.  It is further  contended that the police  chowki is at the distance of half kilometer from the place of incident and that it is a case of further inquiry  and the allegations have been levelled with malafide intention. The trial Court while dealing with the above grounds was pleased to dismiss  the same with the observation that the accused was connected with the recovery of unlicensed K.K and he was apprehended   at the spot and memo of recovery was  prepared. 

                        Learned State Counsel opposed the grant of this bail application on the ground that K.K was recovered at the spot with 20 live bullets which were also found in said weapon.  He further submits that no enmity was associated whatsoever against the officials who have arrested the  accused. 

                        I have heard learned counsel for the parties and perused  the record.  From the perusal of the application it appears that the applicant  has taken numerous ground such as  the incident took place  in thickly populated area  and that no efforts were made to secure  mashirs from the public.  He has  also taken categorical ground that bullets and K.K  were not sent to ballistic expert for its opinion regarding its working condition.  He has also taken categorical ground that it is a false   case  that has been foisted upon  the applicant.   A closer look at the bail application reveals  that no specific ground with regard to the enmity  against the police officials   was raised either before trial Court or this Court.   That has not been argued to the satisfaction as to why would prosecution foist  the recovery of K.K alongwith 20 live bullets and would use a very expensive weapon to involve  the applicant in this case when there is no enmity between applicant and police officials.   Learned counsel for the applicant  has relied upon case of Imran Ahmed v. State (2001 PLD 1986) in terms whereof  it was observed  that provisions of section 103 Cr.P.C have not been complied with and the accused was admitted to bail.  It appears that the case is distinguishable as far as present case is concerned. In the present case, there is no specific ground taken with regard to enmity between the applicant the officials who are responsible  for the arrest  and making the recovery of K.K and 20 live bullets. Case of Imtiaz Ali Bhutto v. The State, which is unreported, in bail application No.S-196/2011 is also distinguishable on the same footing, since the very ground of enmity is not expressive  in the referred order dated 24.03.2011 passed in above referred bail application NO.196/2011.

             In view of this fact that the applicant has not made out case against the officials  wherein he could claim enmity, so that the possibility of foisting recovery could be taken into consideration.  Since I am making tentative assessment and I would not make further observation regarding recovery of alleged weapon. I while  dismissing this bail application direct  the trial Court to conclude trial within three months.  In case the trial Court  failed to conclude  the trial within prescribed period, learned counsel for the applicant would be at liberty to move such bail application thereafter.  Application stands disposed of.

JUDGE