ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr. Bail Application No.645 of 2015

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

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Date of hearing :             12.08.2015

Date of Announcement:  24.08.2015

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          Syed Bashir Hussain Shah, advocate for applicants

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

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          Through this application, applicant/accused Abdul Basit seeks bail after arrest in Crime No.87/2015, registered at P.S. Al-Falah, Karachi, under sections 23(1)(a) of the Sindh Arms Act, 2013.

 

          Brief facts of the prosecution case as disclosed in the F.I.R. are that on 22.04.2014, ASI Abid Soomro of P.S. Al-Falah left police station along with his subordinate staff. When they reached at Zamzama curve, opposite Zamzama store, Shamsi Society, Malir Karachi, where they saw two persons on the motorcycle in suspicious manner. Police party signaled them to stop but the speed of the motorcycle was accelerated. It is alleged that both accused fired upon police party with intention to kill. Police party also fired in self defence. Thereafter, accused Basit son of Tabassum Ali was arrested and from his possession one 30 bore T.T. pistol was recovered. From another accused, who disclosed his name as Shahzaib, one Q-Mobile B-60 was recovered. Thereafter, F.I.R. under section 23(1)(a) of the Sindh Arms Act, 2013 was lodged against present applicant/accused. Separate F.I.R. was also lodged against applicants/accused Abdul Basit and Shahzaib under section 324, 353, 34 PPC. Motorcycle was also recovered from the accused under section 550 Cr.PC. After usual investigation challan was submitted against the  applicants/accused u/s 23(1)(a) of the Sindh Arms Act, 2013.

 

          Bail application was moved on behalf of applicant/accused Abdul Basit before learned Additional Sessions Judge-VI, Karachi East, the same was rejected vide orders dated 23.05.2015. Thereafter, applicant/accused approached this Court.

 

          It is contended by the learned counsel for the applicant/ that pistol allegedly recovered from the applicant/accused has not been sent to FSL for report. All the PWs are police officials; case has already been challaned; investigation is already complete and the applicant/accused is no more required for investigation. He has further argued that applicant/accused was arrested from a residential area but no independent and respectable person of the locality has been cited as mashir in this case. He has submitted that maximum sentence as provided in the Statute may not be awarded to the applicant/accused because of peculiar circumstances. He lastly argued that the present applicant/accused has already been granted bail in main case today in Criminal Bail Application No.644/2014. In support of his contentions, he has relied upon the cases reported as Jamaluddin alias Zubair Khan versus the State (2012 SCMR 573) and Muhammad Mubarak versus the State (1998 PCr.LJ 648).

 

Mr. Abrar Ali Khichi, learned APG appearing on behalf of the State, opposed the bail application mainly on the ground that the present applicant was arrested in the instant crime and a T.T. pistol has been recovered from his possession and the case falls within the prohibitory clause of section 497 Cr.P.C.

 

          I am inclined to grant bail to the applicant/accused for the reasons that T.T. pistol allegedly recovered from the applicant/accused has not been sent to Ballistic Exprt for report. Case has already been challaned, applicant/accused is no more required for investigation. Applicant/accused is behind the bars since 22.04.2015. Applicant/accused has already been granted bail in the main case by this case in Criminal Bail Application No.644/2015.  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. While relying upon the above cited authorities I hold that case of applicant/accused, prima facie, requires further inquiry as contemplated under subsection (2) of Section 497 Cr.P.C.  The applicant/accused Abdul Basit is admitted to bail subject to his furnishing solvent surety in the sum of Rs.50,000/- (Fifty Thousand 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