IN
THE HIGH COURT OF SINDH AT KARACHI
Criminal
Bail Application No. 1194 of 2023
[Kamal
Raza versus The State]
|
DATE |
ORDER WITH SIGNATURE(s) OF THE JUDGE(s) |
For hearing of bail application
--------------------------------
18.08.2023
Mr. Ashfaq Ahmed,
advocate for applicant/accused
Peer Muhammad Shah DAG
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Naimatullah Phulpoto,
J.- Kamal Raza applicant seeks
pre-arrest bail in Crime No. 05/2023 for offences under Sections 23(l)(a)(i), 23(l)(a)(vii), 23(l)(a)(x), 23(l)(b), 23(l)(c) &
23(l)(i) punishable under Section 27(l)(a), 27(l)(b)
& 27(4) of Drugs Act, 1976 registered at PS FIA, ACC, Karachi.
2. It is contended that co-accused Bilal
Ahmed and Malik Naveed Ahmed in the same crime have
already been granted post arrest bail by this court and case of the
applicant/accused is identical to that of co-accused. It is further submitted
that no useful purpose will be served in case applicant/accused is remanded to
jail on technical ground. Lastly, it is submitted that investigation is
complete. In support of his contentions, reliance is placed upon case reported
as Muhammad Qasim
and others vs. The State and others (2021 SCMR 1344).
3. DAG submits that role of the
applicant/accused is identical to that of co-accused to whom concession of post
arrest bail has been granted and does not oppose confirmation of interim
pre-arrest bail to the applicant/accused.
4. We have perused the order of co-accused
Bilal Ahmed to whom concession of post-arrest bail has been extended by this
Court vide order dated 24.05.2023. Relevant portion is reproduced as under:
“It has already
been held by this Court in the case of Muhammad Siddique v. The State (2017 P.Cr.L.J Note 181) that such crimes of spurious drugs are regarded
as the crimes against the society and as such the fact that sentence may be up
to 10 years does not automatically lead to the grant of bail. In this case we
find that the drugs which were seized from the owner of the Medical Store which
were allegedly supplied by the applicant to the owner of medical store and
after chemical analysis these four separate drugs were found to be spurious and
as such prima facie it is a heinous offence. However, we note that each case
must be judged on its own particular facts and circumstances and in the
aforesaid case cited, a large quantity of drugs were recovered, however, it has
been found in this case only a meager quantity of drug was spurious which were
not particularly harmful. The applicant has already been in jail for four
months and is no longer needed for investigation. We had also granted bail in
similar case in respect of Criminal Bail Application No. 747/2023 vide order
dated 09.05.2023. Thus, keeping in view the rule of consistency and taking into
account the above circumstances of this particular case and the meager recovery
of drug, we are of the view that applicant has made out a case for bail
especially as the sentencing range is 3 to 10 years. As such, applicant Bilal
Ahmed s/o Shakil Ahmed is admitted to post arrest
bail subject to furnishing solvent surety in the sum of Rs.300,000/- (Rupees
three lacs only) and P.R Bond in the like amount to
the satisfaction of Nazir of this Court.”
5. Since case of the applicant/accused is
identical to that of co-accused Bilal Ahmed and Malik Naveed
Ahmed no useful purpose will be served by remanding the applicant/accused to
jail on technical ground. Even otherwise, serious malafide
is alleged against the FIA officials.
6. For the above stated reasons, while
relying upon above cited judgment, on rule of consistency, a case for grant of
pre-arrest bail to the applicant/accused is made out. Consequently, interim
pre-arrest bail already granted to the applicant/accused is hereby confirmed on the same terms
and conditions.
7. The instant bail application is accordingly disposed of.
J U D G E
J
U D G E