ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Applications Nos.1918 and 1919 of 2014

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

DATE                 ORDER WITH SIGNATURE(S) OF JUDGE(S) 

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

03.12.2014

 

            Mr. Khawaja Naveed Ahmad, Advocate for Applicant

            Mr. Saleem Akhtar Burriro, Additional Prosecutor General Sindh

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

 

NAIMATULLAH PHULPOTO, J.- Applicant/accused Hassaan Shuja seeks bail in two F.I.Rs bearing Crime No.49/2014, under section 23(1)(a) of the Sindh Arms Act, 2013 and Crime No.50/2014, under sections 4/5 of the Explosive Substances Act, 1908, read with section 7 of the Anti-Terrorism Act, 1997, both registered at P.S. CID Sindh, District South, Karachi.

 

2.       Brief facts of Crime Nos.49/2014 as disclosed in the F.I.R. are that on 14.02.2014 ASI Taqdeer Khan Afridi of CID left the police station along with subordinate staff for arrest of proclaimed offenders. He received spy information that three accused persons, belonging to Al-Qaida group, were standing at Footpath, Agha Khan-III Road, Karachi. Police surrounded all the three accused persons and caught them hold. On inquiry, they disclosed their names as Hassaan Shuja, Junaid Alam and Arman Naveed alias Shoaib Khan. ASI conducted personal search of the accused in presence of mashirs and from possession of applicant/accused Hassaan Shuja one 30 bore pistol, with loaded magazine, containing five live rounds and one hand grenade were recovered, from accused Junaid Alam one 30 bore pistol, with loaded magazine, containing six live rounds and from possession of accused Arman Naveed one 30 bore pistol with loaded magazine, containing six live rounds were recovered. Accused persons had no licenses for the pistols carried by them. Such mashirnama was prepared. Thereafter, accused and case properties were brought at the police station. ASI Taqdeer Khan lodged F.I.R. against the present accused on behalf of the State under section 23(1)(a) of the Sindh Arms Act, 2013. A separate F.I.R. against applicant/accused Hassaan Shuja was also      lodged by ASI on behalf of the State under section 4/5 of the        Explosive Substances Act, 1908, read with section 7 of the Anti-Terrorism Act, 1997. During investigation 30 bore pistols, arms and hand grenade were sent to the Forensic Division Sindh Karachi for examination. Positive report was received. On conclusion of usual investigation, challan was submitted against the applicants/accused in the Court of Anti-Terrorism Court, Karachi under the above referred sections. Bail applications were moved on behalf of the applicants/accused separately in both the cases, the same were rejected by the learned Judge Anti-Terrorism Court-III, Karachi by single order dated 25.09.2014. Thereafter, the applicant/accused approached this court.    

 

3.       Mr. Khawaja Naveed Ahmed, learned advocate for the applicant Hassaan Shuja mainly contended that the applicant/accused was in the custody of the Law Enforcing Agencies before registration of these cases. In support of his contention, he referred to Constitutional Petition No.D-785/2014 filed before this Court on 17.02.2014 by the mother of the applicant/accused in which she has stated that on 27.01.2014 applicant/accused was taken by some persons from her house to some unknown place. Mr. Khawaja further contended that pistol and hand grenade have been foisted upon the applicant/accused and mother of the applicant/accused had sent applications to various higher authorities against the police and rangers before registration of FIRs. Lastly, he submitted that the applicant/accused is no more required for investigation.

 

4.       Mr. Saleem Akhtar Burriro, learned Additional Prosecutor General Sindh, appearing on behalf of the State, argued that applicant/accused belongs to Al-Quaida group. Hand grenade, 30 pistol and 5 live rounds have been recovered from his possession. He has submitted that accused is dangerous criminal and offence falls within the prohibitory clause of Section 497 Cr.P.C. He has opposed the bail application.

 

5.       After hearing the learned counsel for the parties, we have carefully perused the contents of the FIRs, 161 Cr.PC statements of the PWs, mashirnama of recovery, FSL reports and the report of the Bomb Disposal Squad.

 

6.       As regards to the contention of the learned defence counsel that applicant/accused was taken from his house by Law Enforcing Agency and such applications were moved to various authorities, such contention requires deeper appreciation of evidence, which is not permissible at this stage. At bail stage, tentative assessment of material collected during investigation is to be made. As regards to the filing of Constitutional Petition No.D-785/2014 is concerned, it was filed on 17.02.2014 whereas F.I.Rs have been registered against the applicant/accused on 14.02.2014. Prima facie, there is sufficient material against applicant/accused that hand grenade and 30 bore pistol were recovered from his possession in presence of mashirs. Subsequently, hand grenade was defused by the Bomb Disposal Squad. Expert report is also positive. Alleged offence falls within the prohibitory clause of section 497 Cr.PC. Even otherwise, having such ammunition is a grave offence, undermining the law and order situation prevailing in Karachi. In the similar circumstances, the Honourable Supreme Court of Pakistan in Criminal Petitions Nos.266 and 267 of 2014, vide order dated 02.07.2014 was pleased to observe as under:

 

          “The petitioner seeks bail in two FIRs bearing Nos.854 and 855/2013, registered on 13.12.2013 at PS, CID, West, Karachi. The reason why we had found it necessary to issue notice to the State is noted in our previous order dated 17.06.2014. Today the Deputy Prosecutor General Sindh has appeared and has pointed out that the occurrence took place on 13.12.2013 at 11:00 p.m. and F.I.R. was lodged on the same day at 11.50 p.m. The petitioner Muhammad Adnan was also arrested on the same day and physical remand for seven days was obtained from the competent Magistrate on 14.12.2013. Two live hand grenades in addition to arms were recovered from the petitioner, which were subsequently defused by the Bomb Disposal Squad.

 

2.       The offence is punishable for a term extending to ten years. Even otherwise, having such ammunition is a grave offence undermining the law and order situation in Karachi.

 

3.       For the foregoing reasons, we find the impugned order to be proper. We, therefore, find no justification for intervening in the same. Consequently, these petitions are dismissed and leave to appeal is declined.”

 

7.       For the above stated reasons, while relying upon the above cited authority, we have no hesitation to hold that, prima facie, there exists reasonable ground to believe that the applicant/accused is involved in the alleged offences. Bail applications are dismissed in these circumstances. However, learned trial Court is directed to decide the cases expeditiously under intimation to this Court.

 

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

 

 

                                                                                          JUDGE

                                                                      JUDGE

                                               

Gulsher/PA