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