ORDER SHEET

HIGH COURT OF SINDH, AT KARACHI

Cr. Bail Application No.1488 of 2013

Date

Order with signature of the Judge

 

For hearing.

 

 

21.01.2013                           

 

Ms. M/s Khawaja Muhammad Azeem and Fazal Dad Khan, advocates for the applicant

Mr. Muhammad Iqbal Awan, APG.

 

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Abdul Maalik Gaddi,J  Applicant/Accused seeks post-arrest bail in Crime No. 182/2013 under Section 23-A(1), Sindh Arms Act, 2013 of Police Station Pakistan Bazar, Karachi

2.         Facts of the prosecution case in brief are that on the day of incident complainant SIP Muhammad Anwer Mirani of P.S. Pak. Bazar was busy in patrolling and found two suspected persons. He apprehended them and they disclosed their names Muhammad Shahid s/o Tabark Hussain and Hanif Ali @ Shamim s/o Haider Ali. On their personal search one unlicensed pistol 30 bore without number loaded with magazine, with two live bullets was recovered from accused Muhammad Shahid and one unlicensed pistol 30 bore without number loaded with magazine with two live bullets from accused Hanif @ Shamim. Case property was sealed at spot and accused brought to Police Station. Thereafter he lodged the instant FIR.

3.         After usual investigation, challan was submitted against accused under the above referred sections.

4.         Bail application was moved on behalf of the applicant/accused the same was rejected by the learned 4th Additional Sessions Judge Karachi West vide his order dated 11.10.2013.

5.         Heard the learned counsel for the applicant/accused and learned APG  as well as perused the record.

6.         Counsel for the applicant/accused contends that the scene of the offence was located at busy spot yet none from the public was joined to attest the recovery. The T.T. Pistol allegedly recovered from the applicant was neither sealed at the spot nor certified by ballistic expert to be in working order. The applicant has got enmity with the complainant party and the case is registered against him malafidely. Challan against the applicant has already been submitted and the case of the applicant is based upon the evidence of two police officials and their evidence require thoroughly scrutiny at the time of trial. As such he has prayed for bail.

7.         Learned APG has opposed the bail plea stating that the offence carries punishment upto 14 years thus the case of the applicant attracts embargo contained in Section 497 Cr.P.C. He has further submitted that there is no malafide on the part of the complainant and the present applicant was arrested on the spot.

8.         I have given my anxious thought to the contentions raised at the bar and have gone through the police papers.

9.         After hearing the parties advocates, I am inclined to grant bail to the applicant/accused for the reasons that all the prosecution witnesses are police officials, therefore, their evidence is required thoroughly scrutiny at the time of trial. Case has been challaned. Applicant is no more required for investigation. There is no apprehension of tampering with the prosecution evidence. The T.T. Pistol allegedly recovered from the possession of the applicant/accused was not sealed at the spot, therefore, it is not curtained whether the alleged pistol allegedly recovered from the applicant sent to ballistic expert was same or otherwise. Admittedly, the applicant was arrested from the populated area but no independent witness was cited to witness the recovery. No effort has been made to associate any private person to act as mashir of recovery and arrest of the applicant/accused. On this count, the case in hand appears to further inquiry.

 

In view of above, what I have observed above, the applicant has made out a case of further inquiry. I, therefore, allow this bail application. Resultantly, the applicant is granted bail after his furnishing surety in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) and P.R. Bond in the like amount to the satisfaction of the learned trial Court.  

 

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