ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. Bail A. No. 1591  of 2014

Date                                   Order with signature of Judge

For Hearing.

 

03.10.2014

Mr. Hashmat Khalid, Advocate for applicant.

Mkr. Ali HaiderSaleem, APG.

 

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Abdul MaalikGaddi, J :-       This Cr. Bail Application has been filed on behalf of the applicant/ accused, who is nominated in FIR No.204/2014, under Section 23(I)(A) of Sindh Arms Act, 2013, registered at Police Station Ferozabad.

          Briefly stated the case of prosecution are that on 26.4.2014 when complainant along with his subordinate staff were busy in patrolling in the area and during patrolling, when they reached at Tipu Sultan Signal Shaheed-e-Millat Road they found a Car No. AHZ-978 wherein three suspects were sitting. They stopped the car and made personal search of the suspected persons, however, during search of the applicant/accused they recovered from his possession one 30 bore pistol made in Pakistan No.CACA-763 along with three live bullets without license, hence this FIR.

          Learned counsel for the applicant/accused has argued that the applicant/accused is innocent and has been falsely implicated in this case. According to him in fact no incident has taken place in a fashion as mentioned in the FIR. The case of the prosecution rest upon the evidence of two Police officials who are interested  and no private witness is associated to witness the event, therefore, according to him false implication of the applicant/ accused in this case cannot be ruled out. He further submitted that the challan against applicant/accused has been submitted and he is no more required for further investigation, therefore,

 

 

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he has prayed for grant of bail to the accused while relying upon unreported cases i.e. (Cr. Bail A. No.421/2013 Saeed Muhammad Vs. The State), (Cr. Bail A. No.171/2014 Bilal Ahmed Vs. The State) and (Cr. Bail A. No.1614/2013 Farzan Khan Vs. The State).

          Learned APG has opposed this bail application on the ground that one unlicensed 30 bore pistol was recovered from the possession of the applicant/ accused in presence of two mashirs, who have no inimical terms with present applicant/accused, prima facie shows the involvement of the applicant/accused in this case.

          Heard learned counsel for the parties, perused the record.

          It is an admitted position that the case has been challaned. Applicant/accused is no more required for investigation. The prosecution witnesses are Polices officials, therefore, there is no apprehension of tampering of the prosecution evidence. There is nothing on record to show that the applicant/accused is previous convict or has been arrested in a case of similar nature in past.

          It is an admitted position that alleged recovery was made from applicant/accused on 26.4.2014 from a populated area despite of this fact the complainant did not make any efforts to associate any private person from the locality to witness the event. As the whole case of prosecution rest upon the evidence of the Police officials, therefore, their evidence is required to be minutely scrutinized at the time of trial whether the offence as alleged in FIR allegedly committed by the applicant in a fashion as narrated by the complainant or otherwise. Recovery was allegedly made on 26.4.2014 but the same was sent to ballistic expert on 28.4.2014 after the delay of one day. On query learned APG did not satisfactory explain the delay for sending the weapon to the ballistic expert for its opinion, therefore, it is yet to be determine at the time of trial whether the weapon

 

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allegedly recovered from the present applicant/accused was same as was sent to the ballistic expert hence on this ground case of applicant/accused require further inquiry.

          As per record applicant/accused is behind the bar for the last four months even the charge has not been framed.

          In view of the above discussion, the applicant/accused has successfully made out a case for grant of bail. Accordingly applicant/accused is released on bail after his furnishing solvent surety in the sum of Rs.100,000/- (Rupees one lac only) and P.R. bond in the like amount to the satisfaction of the trial Court.

JUDGE

FIDA,