IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No. 312 of
2024
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE |
Present: Mr.
Justice Naimatullah Phulpoto
Mr. Justice Khadim
Hussain Tunio
1.
For order on office objection at A
2.
For hearing of bail application
15.03.2024
Mr. Insaf Ali
Shaikh advocate for the applicant/accused
Mr. Ali Haider Saleem Addl. P.G
I.O/PI Taj
Muhammad PS Pak Colony
-.-.-.-.-.-.-.-.
Naimatullah Phulpoto,
J.- Applicant/accused
Javed seeks post arrest bail in Crime No.06/2024 for
offence under Section 4/5 Explosive Substance Act read with section 7 of ATA
1997 registered at P.S Pak colony Karachi. Prior to this applicant/accused
applied for bail before learned Judge, ATC-XV, Karachi, the same was rejected
vide order dated 25.01.2024.
2. Brief facts of the prosecution case
leading to the filing of the bail application are that on 03.01.2024, SIP
Muhammad Sharif Niazi of PS Pak colony arrested the
applicant/accused near KMC ground KMC Flats, Old Golimar,
Karachi and from his possession one hand grenade was recovered.
2. Learned advocate for applicant/accused
mainly contended that hand grenade without detonator has been foisted by the
police upon the applicant/accused for malafide reasons;
that advocate for the applicant/accused in some other case had moved application
before IX-Civil Judge/Judicial Magistrate, Karachi West on 03.01.2024 for
taking action against the police for arrest of the applicant/accused on
02.01.2024 for the malafide reasons. It is submitted
that 03 months have passed yet challan has not been
submitted before the concerned Court. Lastly, it is submitted that
applicant/accused is no more required for investigation and he is entitled for
grant of bail.
3. Addl. P.G submits that hand grenade was
recovered from the possession of the applicant/accused and report was positive.
He opposed the bail application.
4. We have heard the learned counsel for
the parties and perused the relevant record.
5. We are inclined to grant bail to the
applicant/accused for the reasons that according to the case of prosecution,
hand grenade was recovered from the possession of the applicant/accused on
03.01.2024 and it was sent to the expert, the report of the bomb disposal unit
reflects that hand grenade was without detonator. Arrest of the
applicant/accused apparently appears to be doubtful in this case for the
reasons that counsel for the applicant/accused along with bail application has
filed an application moved by the advocate for the applicant/accused in some
other case before IX-Civil Judge/ Judicial Magistrate, Karachi West, who called
for report from concerned police station regarding arrest of the
applicant/accused on 02.01.2024. In the FIR arrest of accused has been shown on
03.01.2024 at 0215 hours. Moreover, since last 03 months, challan
has not been submitted before the concerned Court. These circumstances create
doubt in the prudent mind. It is
settled principle of law that benefit of doubt can be even extended at bail
stage. Reliance is placed upon the case reported as Naveed Sattar vs. The State and others (2024 SCMR
205). Addl. P.G submitted that Investigation
has been completed and applicant/accused is no more required for further
investigation. Therefore, his further detention will not serve any useful
purpose. In any event basic rule of our criminal justice system is bail, not jail. Moreover,
applicant/accused is behind the bars since about 2½ months without any progress
and there is no apprehension of tampering with the evidence as all PWs are
police officials.
6. Prima facie, there are no reasonable grounds for believing
that the applicant/accused has committed the alleged offence but there are
sufficient grounds for further inquiry into his guilt. For the above stated reasons, concession of bail is
extended to applicant/accused Javed son of Yar Muhammad, subject to his
furnishing solvent surety in the sum of Rs.100,000/-
(Rupees One Lac Only) and P.R. bond in
the like amount to the satisfaction of the trial Court.
7. 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.
JUDGE
JUDGE
Wasim ps