IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No.1484 of 2023

Criminal Bail Application No.1485 of 2023

[ Ibrahim versus The State ]

 

                                                                        Before:

Mr. Justice Naimatullah Phulpoto

Justice Ms. Kausar Sultana Hussain

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05.09.2023

Mr. Mumtaz Ahmed Soomro, advocate for applicant

Mr. Ali Haider Saleem, Additional Prosecutor General

Inspector/IO Sabz Ali Khan of P.S. Frere

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O R D E R

NAIMATULLAH PHULPOTO, J.- Applicant/accused Ibrahim son of Haji Mohib seeks post arrest bail in Crime No.71/2023, registered at P.S. Pak Colony, Karachi for offence under Sections 147, 148, 149, 353, 324, 34, PPC read with Section 7 of the Anti-Terrorism Act, 1997 and in Crime No.72/2023, registered at P.S. Pak Colony, for offence under Section 23(1)(a) of the Sindh Arms Act, 2013. Applicant/accused applied for bail before the trial Court, the same was rejected vide order dated 27.06.2023. Since both the bail applications arise out of the same incident, we intend to decide the same by this common order.

 

2.         Brief facts of the prosecution case as disclosed in the FIR(s) are that on 17.03.2023, SIP Raja Waheed Awan along with subordinate staff left police station, when the police party reached near Gutter Baagicha, Musharaf Park, Hasrat Mohani Colony, Karachi, it is alleged that there was police encounter. It is alleged that applicant/accused sustained firearm injury during encounter and one accused, namely, Akhtiar had also received firearm injuries and he succumbed to injuries. FIRs of the incident was lodged vide Crime No.71/2023 at P.S. Pak Colony, Karachi for offence under Sections 147, 148, 149, 353, 324, 34, PPC read with Section 7 of the Anti-Terrorism Act, 1997 and Crime No.72/2023 for offences under Section 23(1)(a) of the Sindh Arms Act, 2013. After usual investigation, challan was submitted before learned Administrative Judge, Anti-Terrorism Courts, Karachi. 

 

3.         Learned advocate for applicant mainly contended that there was a cross firing from both the sides with the sophisticated weapons, not a single injury was caused to any of the police officials or any scratch to the police mobile; that the prosecution story was doubtful; that unlicensed weapon has been foisted upon the applicant; that the case against the applicant/accused required further inquiry. In support of contentions, reliance has been placed on the case of Syed Amanullah Shah vs. the State & another (PLD 1996 SC 241).

 

4.         Mr. Ali Haider Saleem, Additional Prosecutor General Sindh, submits that the applicant sustained injury and co-accused Akhtiar died at the spot in police encounter. He opposed the bail applications.

 

5.         We have heard the learned counsel for the parties and perused the relevant record.

 

6.         It appears that there was a police encounter with sophisticated weapons. Apparently, it is unbelievable and unnatural that not a single injury or scratch was caused to any of the police officials or police mobile. On the other hand, firearm injury was caused to applicant/accused and co-accused Akhtiar died at the spot. It is submitted by the counsel for the applicant/accused that police encounter was fake and the prosecutor story is doubtful. Whenever, reasonable doubt arises with regard to the participation of an accused person in the crime or about the truth/probability of the prosecution case and the evidence proposed to be produced in support of the charge, the accused should not be deprived of benefit of bail. Freedom of an individual is a precious right. Personal liberty should not be snatched away from accused unless it becomes necessary to deprive him of his liberty under the law. Where story of prosecution does not appear to be probable, bail may be granted so that further inquiry may be made into guilt of the accused. Reliance is placed on the case of Syed Amanullah Shah versus the State and another (P L D 1996 Supreme Court 241).

 

7.         Prima facie, there are no reasonable grounds for believing that the applicant/accused has committed the alleged offences but there are sufficient grounds for further inquiry into his guilt. Resultantly, concession of bail is extended to applicant/accused Ibrahim son of Haji Mohib in main case bearing Crime No.71/2023, registered at P.S. Pak Colony, Karachi for offence under Sections 147, 148, 149, 353, 324, 34, PPC read with Section 7 of the Anti-Terrorism Act, 1997,  subject to furnishing solvent surety in the sum of Rs.200,000/- (Rupees Two hundred thousand) and in the offshoot/connected case bearing Crime No.72/2023 for offences under Section 23(1)(a) of the Sindh Arms Act, 2013, in the sum of Rs.100,000/- (Rupees One Hundred Thousand) and P.R. bond in the like amount to the satisfaction of the trial Court.

8.         Needless to mention here that the observations made herein above are tentative in nature, the trial Court shall not be influenced by the same while deciding the case of the applicant/accused on merits.

 

      J U D G E

 

J U D G E

 

Gulsher/PS