ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr. Bail Application No.1347 of 2014

---------------------------------------------------------------------------------------------

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

---------------------------------------------------------------------------------------------

          For hearing

          --------------

07.08.2014

            Mr. Shah Imroze Khan, Advocate for Applicant

            Mr. Abrar Ali Khichi, A.P.G.

          ---------------------------------------------------------

NAIMATULLAH PHULPOTO, J.-This is an application for grant of bail in a case registered against the applicant/accused on 20.05.2014 being Crime No.376 of 2011 under section 23(1)(a) of the Sindh Arms Act, 2013, at police station Korangi Industrial Area, Karachi.

          Bail application was moved on behalf of the applicant/accused before the trial Court, the same was rejected vide order dated 26.06.2014.      

          Learned advocate for applicant/accused argued that pistol has been foisted upon the applicant/accused by the police with ulterior motive. Maximum punishment provided in the Statute for the alleged offence will not be awarded to the applicant/accused in the circumstances of the case. All the PWs are police officials. Appellants/accused is behind the bars since 20.05.2014. No independent person of the locality has been cited as mashir. In support of his contentions he relied upon the case of Jamaluddin alias Zubair Khan versus the State (2012 SCMR 573).

Mr. Abrar Ali Khichi, learned APG appearing on behalf of the State, argued that the present applicant was arrested in the instant crime, weapon recovered from him was sent for FSL report, the same is positive. All the P.Ws have implicated the accused in the commission of offence, the 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 with loaded magazine containing five rounds 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 20.05.2014, 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 with loaded magazine containing five live rounds 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 Zaheer Khan alias Zaheera 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 on merits.

                                                                                      JUDGE

Gulsher/PA