ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Crl. Bail Application No. 311 of 2014

 

 

Date:                                       Order with signature of Judge

 

 

For hearing.

           

 

21st March, 2014

 

                        Mr. Naeem Akhtar Khan Tanoli, Advocate for applicant

Mr. Saleem Akhtar Buriro, Addl. P.G.

-------------

 

NAIMATULLAH PHULPOTO, J.- This bail application has been moved on behalf of the Applicant /accused Laiq Khan son of Lias Khan, arising out of Crime No.912/2013, registered at P.S. Korangi Industrial Area, Karachi on 19.12.2013, under section 23(i)(a) of the Sindh Arms Act, 2013.

 

2.         Brief facts of the prosecution case as disclosed in FIR are that present applicant/accused was arrested in Crime No.911 of 2013, under sections 353, 324, 186, 34 PPC, registered at Police Station Korangi Industrial Area, Karachi, from the link road, near Chaapra Hotel, upon his personal search, one 30 bore pistol loaded with two rounds and one round in chamber was recovered. The applicant/accused was injured due to firing of police. Applicant/accused had no license for the arm carried by him. Mashirnama of arrest and recovery was prepared. Thereafter applicant was brought to the police station, where FIR of main case under Sections 353, 324, 186, 34 PPC and present F.I.R. was lodged on behalf of State.

 

3.         After usual investigation, challan was submitted against the applicant / accused in the main case as well as in the instant case/crime under section 23(i)(a) of the Sindh Arms Act, 2013.

 

4.         Bail application was moved on behalf of the applicant/accused before learned 1st Additional Sessions Judge, Karachi East, but the same was rejected vide order dated 06.02.2014.

 

5.         Mr. Naeem Akhtar Khan Tanoli, learned counsel for the applicant/accused mainly contended that bail has been granted to the applicant in the main case. All P.Ws. are police officials and there is no question of tampering with the evidence. He further contended that SHO has foisted 30 bore pistol upon the applicant/accused due to enmity. It is argued that bail has been granted to the applicant/accused in main case under sections 353, 324, 186, 34 PPC by the trial Court. It is argued that maximum punishment as provided in the Statute for carrying illicit arm may not be awarded in this case as arm was not sealed on spot. In support of the contentions, reliance has been placed upon the case of Jamaluddin alias Zubair Khan Versus the State (2012 SCMR 573) and unreported Criminal Bail Application No.276/2014 (Wali Muhammad versus the State) granted by this Court dated 12.03.2014.

 

6.         Mr. Saleem Akhtar Burriro, learned Additional Prosecutor General Sindh, appearing on behalf of the State, argued that unlicensed T.T. pistol has been recovered from the possession of the applicant/accused. All the P.Ws. are police officials and they had no enmity, whatsoever, with the applicant/accused, to foist arm upon him. He has submitted that alleged offence falls within the prohibitory clause of Section 497 Cr.P.C. He has opposed the bail application.

 

7.         I am inclined to grant bail to the applicant / accused for the reasons that all the prosecution witnesses are police officials; case has been challaned; applicant is no more required for investigation. There is no apprehension of tampering with the prosecution evidence. In Section 24 of the Sindh Arms Act, 2013, it is provided that punishment of       un-licensed arm may extend to ten years and with fine. Needless to say that the Court while hearing a bail application not to keep in view the maximum sentence provided by the Statute but the one which is likely to be entailed in the facts and circumstances of the case. Rightly reliance has been placed upon the case of Jamaluddin alias Zubair Khan (supra). The fact that the Applicant has been in jail since his arrest, yet commencement of his trial let alone its conclusion is not in sight, would also tilt the scales of justice in favour of bail rather than jail. In the instant case, 30-bore unlicensed pistol is alleged to have been recovered from possession of applicant / accused, it was not sealed at the spot and this is off shoot of main case. It has been argued that police has foisted the same upon the accused with ulterior motives. Applicant / accused has already been granted bail in main case. Therefore, keeping in view facts and circumstances of the case, prima facie, case against applicant / accused requires further inquiry as contemplated under subsection (2) of Section 497 Cr.P.C. Applicant / accused Laiq Khan son of Lias Khan is admitted to bail, subject to his furnishing solvent surety in the sum of Rs.75,000/- (Rupees Seventy Five Thousand only), and P.R bond in the like amount to the satisfaction of learned trial Court. 

 

8.         Needless, to mention here that the observations made hereinabove are tentative in nature and would not influence trial Court while deciding the case of the applicant / accused.

 

 

                                                                                                            JUDGE

Gulsher/PA