ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.
1st Cr. Bail Appln. No.S- 717 of 2023.
Date of hearing Order with signature of Judge.
1. For orders on M.A. No.6024/2023.
2. For orders on office objection as flag A.
3. For hearing of bail application.
Applicant
(Iqrar Jakhrani) : Through Mr. Riaz Hussain Khoso, Advocate
The State : Through Mr. Aitbar Ali Bullo, DPG.
Date of hearing : 01.01.2024.
O R D E R.
Applicant seeks post arrest bail in Crime No.276/2023, for offence under Section 23(1)(a) of Sindh Arms Act of 2013, registered at Police Station A-Section, Kandhkot.
2. According to the case of prosecution, on 06.11.2023, at 3.30 p.m., the applicant Iqrar Jakhrani was apprehended near Water Supply situated on the link road leading towards Khair Shah, by a police posse of PP C-Section of PS A-Section, Kandhkot headed by complainant ASI Sadaruddin Golo and an unlicensed DBBL Gun of 12-bore and 03 live cartridges of same bore were recovered from his possession, hence he was booked in this case on behalf of State.
3. Bail application was moved on behalf of applicant/accused, but the same was rejected by the learned Additional Sessions Judge-II, Kandhkot vide order dated 25.11.2023.
4. Learned advocate for the applicant submits that applicant was also booked under Crime No.271/2023 of PS A-Section, Kandhkot under Sections 324, 352, 427, 149, PPC, which was lodged by complainant Ghulam Murtaza Bugti on 01.11.2023; however, said case after investigation was disposed of by the police and such report u/s 173, Cr.P.C was submitted before Civil Judge & JM-I/MTMC, Kandhkot, who after hearing the parties including the complainant concurred his opinion with police report and approved such summary, which was submitted for disposal of said FIR under “C” class. In support, he has placed on record certified copy of order dated 14.11.2023 passed by Civil Judge & JM-I/MTMC, Kandhkot vide Summary No.24 of 2023 re-The State v. Meer Murtaza & others, taken on record. He submits that brother of the applicant had also filed an application u/s 491, Cr.P.C before the Court of Sessions on 01.11.2023; however, the applicant was shown arrested/surfaced by the police on 06.11.2023 vide FIR No.276/2023, therefore, said application was dismissed as withdrawn. He also submits that the applicant is a juvenile offender being 17 years of age and that both the mashirs of recovery are police officials and subordinates to the complainant and no any private person has been cited as witness of the alleged recovery. Learned Counsel contended that the offence does not fall within prohibitory clause of Section 497, Cr.PC and the case against the applicant requires further enquiry. Lastly, he contended that the case has been challaned and the applicant/accused is no more required for any further investigation.
5. Learned Deputy Prosecutor General, on the other hand, opposed the grant of bail, on the ground that the applicant was arrested by the police and an unlicensed gun with live cartridges have been recovered from him, therefore, he is not entitled to concession of bail.
6. It appears from the record that the applicant was also booked in Crime No.271/2023 of PS A-Section, Kandhkot under Sections 324, 352, 427, 149, PPC; however, said case after investigation was disposed of under “C” class vide order dated 14.11.2023 passed by Civil Judge & JM-I/MTMC, Kandhkot vide Summary No.24 of 2023 re-The State v. Meer Murtaza & others. It is also an admitted position that no private person has been cited as witness to the alleged recovery. The case has been challaned, therefore, the applicant is no more required for investigation purpose. There is no apprehension of tampering with the prosecution evidence. The Court while hearing bail application is not to consider the maximum sentence provided by the statute, as such, the offence does not fall within prohibitory clause of Section 497, Cr.P.C. In the circumstances, I am fortified with the dicta laid down by this court in case of Ayaz Ali v. The State (PLD 2014 Sindh 282). Therefore, in my opinion, he deserves to be released on bail.
7. Keeping in view the above facts and circumstances, the applicant/accused has been able to make out a case for grant of bail. Therefore, instant bail application is allowed and the applicant is directed to be released on bail on his furnishing solvent surety in the sum of Rs.50,000/- (Rupees fifty thousand only) and P.R bond in the like amount to the satisfaction of trial Court.
JUDGE
Qazi Tahir/*