ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Bail Appln. No. S- 292 of 2013. 

Date of hearing

Order with signature of Judge

 06.08.2013.

            Mr. Zubair Ahmed Abbasi, Advocate for applicant.

            Mr. Abdul Rasheed Soomro, State Counsel.

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            Through the instant bail application, applicant Imdad Ali Kalhoro seeks post-arrest bail in Crime No.101/2013, registered at P.S Market, Larkana, on 03.07.2013 under Section 23 of The Sindh Arms Act, 2013.

2.         Brief facts of the prosecution case as disclosed in the F.I.R are that on 03.07.2013, ASI Muhammad Moosa Jatoi of PS Market, left police station alongwith subordinate staff in the police mobile for patrolling duty in the area. At 1000 hours police party reached at Phull road near Madan Faqir graveyard, where present accused was found standing in the suspicious manner. ASI made PCs Mukhtiar Ali and Khadim Hussain as mashirs and conducted personal search of the accused; from right fold of his Shalwar one 30-bore pistol without number and three live bullets were recovered. He had no license for the weapon carried by him. Accused was arrested. Case was registered against him vide CrimeNo.101/2013 under Section 23 of the Sindh Arms Act, 2013, on behalf of the State. After usual investigation challan was submitted against the accused under above referred section.

3.         Bail application was moved on behalf of the applicant/accused, the same was rejected by learned Incharge Sessions Judge, Larkana, by his order dated 18.07.2013.

4.         Mr. Zubair Ahmed Abbasi, learned Advocate for the applicant/ accused mainly contended that applicant/accused is no more required for investigation; weapon has not been sent to the Ballistic Expert for the report and punishment of the alleged offence may extend to ten years. According to defence counsel, alleged offence does not fall within prohibitory clause of Section 497 Cr.P.C. In support of the contentions, he relied upon cases reported as Tariq Bashir v. The State (PLD 1995 S.C 34), Jaffar Alam v. The State (SBLR 2013 Sindh 1019), and un-reported bail order dated 24.7.2013, passed by this Court in Crl. Bail Appln. No. S- 247 of 2013, (Sabit Ali v. The State).

5.         Mr. Abdul Rasheed Soomro, appearing on behalf of the State, argued that, The Sindh Arms Act, 2013, has been enacted to curb the proliferation of arms and ammunition and offence falls within prohibitory clause of Section 497 Cr.P.C. He has opposed the application.

6.         I am inclined to grant bail to the applicant/accused for the reasons that all the prosecution witnesses are police officials; case has been challaned; applicant is no more required for investigation; there is no apprehension of tampering with the prosecution evidence; pistol recovered from the possession of the applicant/accused has not been sent to the Ballistic Expert for the report. In Section 24 of The Sindh Arms Act, 2013, it is mentioned that punishment of un-licensed arm may extend to ten years and with fine. The Court while hearing bail application is not to keep in view the maximum sentence provided by statute but the one which is likely to be entailed in the facts and circumstances of the case. In the instant case, 30-bore unlicensed pistol has been recovered from possession of accused. It has been argued that police had ill-will with accused to foist pistol upon him. Therefore, keeping in view facts and circumstances of the case, while relying upon above cited authorities, prima facie, case against applicant/accused requires further inquiry as contemplated under subsection (2) of Section 497 Cr.P.C. Applicant/accused is admitted to bail subject to his furnishing solvent surety in the sum of Rs.50,000/- (Fifty thousands), and P.R bond in the like amount to the satisfaction of trial Court. 

7.         Needless, to mention here that the observations made hereinabove are tentative in nature and would not influence trial Court while deciding the case.

Judge