ORDER SHEET
IN THE HIGH COURT OF SINDH
AT KARACHI
Cr.
Bail Application No.690 of 2014
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DATE ORDER WITH SIGNATURE(S) OF
JUDGE(S)
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For
hearing
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04.08.2014
Mr. Hashmat Khalid, Advocate for
Applicant
Mr. Muhammad Iqbal Awan, A.P.G.
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NAIMATULLAH PHULPOTO, J.-This bail application has been moved on behalf of the
Applicant/accused Rehmat Shah son of Saeed Badshah, arising out of Crime No.54
of 2014, registered at P.S. Awami Colony, Karachi on 13.02.2014, under section
23(1)(a) of the Sindh Arms Act, 2013.
Brief facts of the prosecution case as
disclosed in FIR are that present applicant/accused was arrested in Crime
No.52/2014 under sections 353/324/186/34 PPC and from his possession one 30
bore pistol, Pakistan made, with loaded magazine containing four live rounds,
for which applicant/accused had no licence. He was arrested in presence of
mashirs, thereafter he was brought at P.S where the aforesaid F.I.R. was
registered against him.
After usual investigation challan was
submitted against the accused under the above referred section.
Bail application was moved on behalf
of the applicant/accused before learned 1st Additional Sessions
Judge, Karachi East, but the same was rejected vide order dated 08.04.2014.
Mr. Hashmat Khalid, learned advocate
for the applicant/accused mainly contended that the applicant/accused has been
granted bail by the trial Court in the main case bearing Crime No.52/2014 under
sections 353/324/186/34 PPC. It is further contended that 30 bore pistol with
four live rounds have allegedly been recovered from the accused but it was not
sent to the Ballistic Expert for report. PWs
are police officials, there is no question of tampering with the evidence. It is also
argued that pistol has been foisted upon the accused by the police with
ulterior motive. Lastly, it is submitted that applicant/accused is behind bars
for about 7 months. In support of his contentions, learned advocate for the
applicant has placed reliance on the case of Jamaluddin alias Zubair Khan
versus the State (2012 SCMR 573) and unreported order passed in Criminal Bail
No.582 of 2014 (Samarqand versus The State).
Mr. Muhammad Iqbal Awan, APG appearing on behalf of the
State argued that all the P.Ws have implicated the accused in the commission of
offence and alleged offence falls within the prohibitory clause of Section 497
Cr.P.C. He has opposed the bail application.
I am inclined to grant bail to the
applicant/accused for the reasons that bail has already been granted to the applicant/accused
by the trial Court in main case bearing Crime No.52/2014 under sections
353/324/186/34 PPC. A country made pistol was allegedly recovered from the
possession of the accused but the same was not sent to the Ballistic Expert for
report. It is further observed that all the PWs are police officials, case has
already been challaned, the applicant/accused is no more required for
investigation. He is behind the bars for about 7 months. There is no
apprehension of tampering with the prosecution evidence. In Section 24 of the
Sindh Arms Act, 2013, it is provided that punishment of un-licensed arm may
extend to ten years with fine. Needless to say that the Court while hearing a
bail application not to keep in view the maximum sentence provided by the
Statute but the one which is likely to be entailed in the facts and
circumstances of the case. Rightly reliance has been placed upon the case of
Jamaluddin alias Zubair Khan (supra). The fact that the applicant has been in
jail since 13.02.2014, yet commencement of his trial let alone its conclusion
is not in sight, would also tilt the scales of justice in favour of bail rather
than jail. In the instant case, 30-bore unlicensed pistol is alleged to have
been recovered from possession of accused. It has been argued that police has
foisted the same upon the accused with ulterior motives. Therefore, keeping in
view facts and circumstances of the case, prima facie, case against
applicant/accused requires further inquiry as contemplated under subsection (2)
of Section 497 Cr.P.C. Applicant/accused Rehmat Shah son of Saeed Badshah is
admitted to bail subject to his furnishing solvent surety in the sum of
Rs.50,000/- (Fifty Thousands Rupees), and P.R bond in the like amount to the
satisfaction of trial Court.
Needless, to mention here that the
observations made hereinabove are tentative in nature and would not influence
trial Court while deciding the case of the applicant/accused.
JUDGE
Gulsher/PA