ORDER SHEET
IN THE HIGH COURT OF SINDH
AT KARACHI
Cr.
Bail Application No.1299 of 2014
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DATE ORDER WITH SIGNATURE(S) OF
JUDGE(S)
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1) For
orders on M.A. No.7106/2014 (If granted)
2) For
orders on M.A. No.6735/2014 (Exemption)
3) For
hearing
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06.08.2014
Mr. Qaim
Ali Memon, Advocate for Applicant
Mr. Abdullah Rajput, A.P.G.
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NAIMATULLAH PHULPOTO, J.-This bail application has been moved on behalf of the
Applicant/accused Abid Khan son of Abdullah, arising
out of Crime No.275 of 2014, registered at P.S. Zaman Town, Karachi on 28.06.2014, 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.133/2014 under sections 392/34 PPC
and from his possession one 30 bore pistol with loaded magazine and two live rounds
were recovered, 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
under section 23(1)(a) of the Sindh Arms Act, 2013.
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 11.07.2014.
Mr. Qaim Ali Memon, 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.133/2014 under sections 392/34 PPC. All the 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 1 ½ 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. Abdullah Rajput, 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.133/2014 under sections 392/34 PPC.
One 30 bore pistol and three live rounds were allegedly recovered from the
possession of the accused. It is 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 1 ½ 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 28.06.2014, 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 Abid Khan son of Abdullah 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