ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Bail Appln. No.S-310   of  2013.

DATE OF HEARING

ORD  ER WITH SIGNATURE OF HON’BLE JUDGE.

 16.8.2013.

1. For orders on M. A. No.1762/2013.

2. For orders on M. A. No.1763/2013.

3. For hearing.

Mr. Akbar Ali H. Dahar, advocate for the applicant.

Mr. Naimatullah Bhurgri, State Counsel.

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

NAIMATULLAH PHULPOTO, J.-           Applicant/accused Asad Chandio seeks post arrest bail in crime No.58/2013, for offence under Section 23(1)(a) of the Sindh Arms Act of 2013, registered at Police Station Bakrani, District Larkana.

          2.       Brief facts of the prosecution case as disclosed in the F.I.R are that on 18.6.2013, SHO PS Bakrani arrested accused Asad son of Hajan, by caste Chandio in Crime No.57/2013, for offences under Sections 402, 324, 353, 148, 149, PPC of PS Bakrani, in presence of mashirs, recovered from his possession one 30 bore Pak made Pistol, without number, for which he had no license.  He lodged F.I.R against the accused in main case as well as in this case vide crime No.58/2013, under Section 23(1)(a) of Sindh Arms Act, 2013. 

          3.       After usual investigation challan was submitted against the accused under Section 23(1)(a) of the Sindh Arms Act, 2013.

          4.       Bail application was moved on behalf of applicant/accused, the same was rejected by 1^st Additional Sessions Judge, Larkana vide order dated 09.7.2013.

          5.       Mr. Akbar Ali H. Dahar, learned advocate for the applicant, argued that accused has been granted bail in main case bearing crime No.57/2013, under Sections 402, 324, 353, 148, 149, PPC by learned Sessions Judge, Larkana on 24.6.2013.  He further argued that concession of the bail has been refused to the applicant/accused in this connected case.  He has submitted that pistol was not sent to the ballistics expert.  All the P.Ws are police officials.  Applicant/accused is no more required for investigation.  He has lastly argued that an application under Section 491, Cr.P.C was filed by Mujahid Ali, brother of the applicant, against the SHO of PS Bakrani before Sessions Judge/Justice of Peace, Larkana and present case has been registered by SHO, to take revenge from the accused. 

          6.       Learned State Counsel recorded no objection.

          7.       I am inclined to grant bail to the applicant/accused for the reasons that applicant/accused has been granted bail by learned Sessions Judge, Larkana in main case bearing crime No.57/2013, under Sections 402, 324, 353, 148, 149, PPC vide order dated 24.6.2013.  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; pistol allegedly recovered from the possession of the applicant/accused has not been sent to the Ballistics Expert for the report.  In Section 24 of the Sindh Arms Act, 2013, it is provided that punishment of unlicensed arm may extend to ten years and with fine.  The Court while hearing bail application is not to keep in view the maximum sentence provided by statute but the one which is likely to be entailed in the facts and circumstances of the case.  In the instant case, 30-bore unlicensed pistol has been allegedly recovered from possession of accused.  It has been argued that police had ill-will with accused because brother of applicant/accused had filed an application under Section 491, Cr.P.C against SHO.  Therefore, keeping in view the facts and circumstances, case against applicant/accused requires further enquiry as contemplated under subsection (2) of Section 497, Cr.P.C.  Applicant/accused is admitted to bail subject to his furnishing solvent surety in the sum of Rs.50,000/- (Fifty Thousand) and P.R bond in the like amount to the satisfaction of trial Court.   

          8.       Instant bail application is disposed of alongwith listed applications.

          9.       Before parting with this order, it is observed that bail application in the main case bearing crime No.57/2013, under Sections 402, 324, 353, 148, 149, PPC was heard and decided by learned Sessions Judge himself and bail application in the connected case/offshoot bearing crime No.58/2013, under Section 23(1)(a) of the Sindh Arms Act, 2013 was transferred to 1^st Additional Sessions Judge, Larkana, the same was rejected. Propriety demanded that in connected case bail application should have been heard by learned Sessions Judge himself, to avoid the conflict of the order/judgment and other legal complications.  Let a copy of order be sent to learned Sessions Judge, Larkana.

                                                                                              JUDGE  

Qazi Tahir/*