ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr. Bail Application No.1223 of 2014

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DATE                 ORDER WITH SIGNATURE(S) OF JUDGE(S) 

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          For hearing

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06.08.2014

 

            Mr. Muhammad Kamran Khan, 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 Saleem son of Abdul Sattar, arising out of Crime No.124/2014, registered at P.S. Jamshed Quarters, Karachi on 13.04.2014, under section 23(1)(a) of the Sindh Arms Act, 2013.

 

          Brief facts of the prosecution case as disclosed in FIR are that on 13.04.2014 ASI Dharmendar Roopchand along with his subordinate staff left P.s for patrolling. During patrolling he received spy information that two persons were standing near Islamia College main road inside street No93 with the intention to commit crime. SIP and other officials reached at the pointed place and on the pointation of informer encircled and apprehended them, they disclosed their names as Saleem son of Abdul Sattar and Muhammad Sajid son of Maqsood Ahmed. Their personal search was conducted. During search 30 bore pistol without number along with loaded magazine containing three live rounds from the possession of accused Saleem whereas one T.T. pistol 30 bore along with loaded magazine containing three live rounds was recovered from the possession of accused Muhammad Sajid, for which applicants/accused had no licence. They were arrested in presence of mashirs, thereafter they were brought at P.S where the aforesaid F.I.R. was registered against them on behalf of State.

 

          After usual investigation challan was submitted against the accused under section 23(1)(a) of the Sindh Arms Act, 2013.

 

          Bail application was moved on behalf of the applicant/accused before learned 1st Additional Sessions Judge, Karachi East, but the same was rejected by her vide order dated 30.06.2014.

 

          Mr. Muhammad Kamran Khan, learned advocate for the applicant/accused contended that all the P.Ws are police officials and 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 motives. In support of the contentions, reliance has been placed upon the case of Jamaluddin alias Zubair Khan versus the State (2012 SCMR 573).

 

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. Contradiction is minor in nature, case is a fresh one 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 from perusal of the F.I.R. it transpires that it is mentioned that one 30 pistol was recovered from the possession of the accused. It is further that all the prosecution witnesses are police officials; case has already been challaned; applicant is no more required for investigation. 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 and 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 13.04.2014, 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 Saleem son of Abdul Sattar 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