ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Bail Appln. No.S-554    of  2023.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE.

23.10.2023.

1. For orders on office objection.

2. For hearing of Bail Application.

Messrs Habibullah G. Ghouri and Ayaz Ahmed Faras, advocates for the applicant.

Mr. Imran Mubeen Khan, Asst. Prosecutor General.

O R D E R.

                    Applicant/accused Shah Ghulam son of Nabi Bux Malik seeks post arrest bail in Crime No.23/2023, for offence under Section 23(1)(a) of Sindh Arms Act of 2013, registered at Police Station Miani at Badani.  The case after thorough investigation has been challaned by the police on 10.10.2023, which is now pending for trial before the learned Sessions Judge, Kashmore at Kandhkot vide Sessions Case No.385/2023 re- The State v. Shah Ghulam. The applicant preferred bail application before the trial Court, which in terms of order dated 27.10.2023 has been declined; hence this application.

          2.       According to the case of prosecution, on 23.9.2023, at about 12.30 a.m. (night), applicant Shah Ghulam Malik was apprehended by a police party of PS Miani at Badani under the supervision of complainant ASI Lal Muhammad Chachar near Ice Factory on the link road leading towards Badani and an unlicensed Kalashnikov with 10 live bullets loaded in its magazine was recovered from him, hence he was booked in this case on behalf of State.

          3.       Learned advocate for the applicant submits that the case has been challaned by the police, as such, the applicant is no more required for any further investigation; in support of his contention he submits certified copy of challan, which is taken on record. He further submits that the applicant is a person of advanced age, besides the punishment provided by the law for the alleged offence is discretionary; hence, he is entitled for the bail. He further submits that the applicant is first offender and not a previous convict, therefore, case against the applicant requires further enquiry. In support of his contentions, he has relied upon the cases reported as Yaqoob alias Lala v. The State (2016 PCr.LJ 1658) and Arbab v. The State (PLD 2014 Sindh 476).

          4.       Learned Assistant 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 Kalashnikov has been recovered from him, which is punishable upto 14 years, therefore, he is not entitled to concession of bail.

          5.       It is the case of prosecution that the applicant was found in possession of an unlicensed Kalashnikov in odd hours of the night; however, it has not been shown that why the applicant being a person of advanced age was carrying lethal weapon, more particularly when he is not shown to be a previous convict or involved in any other criminal case. As far as punishment of the offence as provided by the law is concerned, per the Act, it has been left upon the discretion of the Court which after recording evidence of the prosecution witnesses may award sentence from zero to 14 years. It is also an admitted position that 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, therefore, he deserves to be released on bail.

          6.       Keeping in view the above facts and circumstances and in view of the principles enunciated by this Court in the reported cases of Arbab v. The State and Yaqoob alias Lala v. The State (supra) as well as in the case of Ayaz Ali v. The State (PLD 2014 Sindh 282), 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.100,000/- (rupees one hundred thousand only) and P.R bond in the like amount to the satisfaction of trial Court.

                                                                                              JUDGE  

Qazi Tahir/*