ORDER SHEET
IN THE HIGH COURT OF SINDH
AT KARACHI
Criminal
Bail Applications Nos.1918 and 1919 of 2014
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DATE ORDER WITH SIGNATURE(S) OF
JUDGE(S)
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03.12.2014
Mr. Khawaja
Naveed Ahmad, Advocate for Applicant
Mr. Saleem Akhtar
Burriro, Additional Prosecutor General Sindh
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NAIMATULLAH PHULPOTO, J.- Applicant/accused Hassaan Shuja seeks bail in two F.I.Rs
bearing Crime No.49/2014, under section 23(1)(a) of
the Sindh Arms Act, 2013 and Crime No.50/2014, under
sections 4/5 of the Explosive Substances Act, 1908, read with section 7 of the
Anti-Terrorism Act, 1997, both registered at P.S. CID Sindh, District South,
Karachi.
2. Brief facts of Crime Nos.49/2014
as disclosed in the F.I.R. are that on 14.02.2014 ASI Taqdeer Khan Afridi of CID left the police station along with
subordinate staff for arrest of proclaimed offenders. He received spy
information that three accused persons, belonging to Al-Qaida group, were
standing at Footpath, Agha Khan-III Road, Karachi. Police surrounded all the
three accused persons and caught them hold. On inquiry, they disclosed their
names as Hassaan Shuja, Junaid Alam and Arman Naveed alias Shoaib Khan. ASI conducted personal search of
the accused in presence of mashirs and from possession of applicant/accused
Hassaan Shuja one 30 bore pistol, with loaded magazine, containing five live
rounds and one hand grenade were recovered, from accused Junaid
Alam one 30 bore pistol, with loaded magazine, containing six live rounds and
from possession of accused Arman Naveed
one 30 bore pistol with loaded magazine, containing six live rounds were
recovered. Accused persons had no licenses for the pistols carried by them.
Such mashirnama was prepared. Thereafter, accused and case properties were
brought at the police station. ASI Taqdeer Khan lodged F.I.R.
against the present accused on behalf of the State under section 23(1)(a) of the Sindh Arms Act, 2013. A separate F.I.R. against applicant/accused Hassaan
Shuja was also lodged by ASI on
behalf of the State under section 4/5 of the Explosive Substances Act, 1908, read
with section 7 of the Anti-Terrorism Act, 1997. During investigation 30 bore
pistols, arms and hand grenade were sent to the Forensic Division Sindh Karachi
for examination. Positive report was received. On conclusion of usual investigation,
challan was submitted against the applicants/accused in the Court of
Anti-Terrorism Court, Karachi under the above referred sections. Bail
applications were moved on behalf of the applicants/accused separately in both
the cases, the same were rejected by the learned Judge Anti-Terrorism
Court-III, Karachi by single order dated 25.09.2014. Thereafter, the
applicant/accused approached this court.
3. Mr. Khawaja Naveed Ahmed, learned advocate for the applicant Hassaan Shuja mainly contended
that the applicant/accused was in the custody of the Law Enforcing Agencies
before registration of these cases. In support of his contention, he referred to
Constitutional Petition No.D-785/2014 filed before
this Court on 17.02.2014 by the mother of the applicant/accused in which she
has stated that on 27.01.2014 applicant/accused was taken by some persons from
her house to some unknown place. Mr. Khawaja further
contended that pistol and hand grenade have been foisted upon the
applicant/accused and mother of the applicant/accused had sent applications to
various higher authorities against the police and rangers before registration
of FIRs. Lastly, he submitted that the
applicant/accused is no more required for investigation.
4. Mr. Saleem Akhtar
Burriro,
learned Additional Prosecutor General Sindh, appearing on behalf of the State,
argued that applicant/accused belongs to Al-Quaida
group. Hand grenade, 30 pistol and 5 live rounds have been recovered from his
possession. He has submitted that accused is dangerous criminal and offence falls
within the prohibitory clause of Section 497 Cr.P.C. He has opposed the bail
application.
5. After hearing the learned counsel for the
parties, we have carefully perused the contents of the FIRs,
161 Cr.PC statements of the PWs, mashirnama of
recovery, FSL reports and the report of the Bomb
Disposal Squad.
6. As regards to the contention of the
learned defence counsel that applicant/accused was taken from his house by Law
Enforcing Agency and such applications were moved to various authorities, such contention
requires deeper appreciation of evidence, which is not permissible at this
stage. At bail stage, tentative assessment of material collected during
investigation is to be made. As regards to the filing of Constitutional
Petition No.D-785/2014 is concerned, it was filed on
17.02.2014 whereas F.I.Rs have been registered against
the applicant/accused on 14.02.2014. Prima facie, there is sufficient material against
applicant/accused that hand grenade and 30 bore pistol were recovered from his
possession in presence of mashirs. Subsequently, hand grenade was defused by
the Bomb Disposal Squad. Expert report is also positive. Alleged offence falls
within the prohibitory clause of section 497 Cr.PC. Even otherwise, having such
ammunition is a grave offence, undermining the law and order situation prevailing
in Karachi. In the similar circumstances, the Honourable Supreme Court of
Pakistan in Criminal Petitions Nos.266 and 267 of
2014, vide order dated 02.07.2014 was pleased to observe as under:
“The
petitioner seeks bail in two FIRs bearing Nos.854 and 855/2013, registered on 13.12.2013 at PS, CID,
West, Karachi. The reason why we had found it
necessary to issue notice to the State is noted in our previous order dated
17.06.2014. Today the Deputy Prosecutor General Sindh has appeared and has
pointed out that the occurrence took place on 13.12.2013 at 11:00 p.m. and F.I.R. was lodged on the same day at 11.50 p.m. The
petitioner Muhammad Adnan was also arrested on the same day and physical remand
for seven days was obtained from the competent Magistrate on 14.12.2013. Two
live hand grenades in addition to arms were recovered from the petitioner,
which were subsequently defused by the Bomb Disposal Squad.
2. The offence
is punishable for a term extending to ten years. Even otherwise, having such
ammunition is a grave offence undermining the law and order situation in
Karachi.
3. For the
foregoing reasons, we find the impugned order to be proper. We, therefore, find
no justification for intervening in the same. Consequently, these petitions are
dismissed and leave to appeal is declined.”
7. For the above stated reasons, while
relying upon the above cited authority, we have no hesitation to hold that, prima facie, there exists reasonable
ground to believe that the applicant/accused is involved in the alleged offences.
Bail applications are dismissed in these circumstances. However, learned trial
Court is directed to decide the cases expeditiously under intimation to this
Court.
8. Needless, to mention here that the
observations made hereinabove are tentative in nature and would not influence the
learned trial Court while deciding the case of the applicant/accused on merits.
JUDGE
JUDGE
Gulsher/PA