ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No.1066 of 2015

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

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Date of hearing:              10.09.2015

Date of Announcement:  15.09.2015

            Mr. Muhammad Dawood Narejo, advocate for applicant

            Mr. Zafar Ahmed Khan, Addl: Prosecutor General Sindh

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NAIMATULLAH PHULPOTO, J.--- This bail application has been moved on behalf of the applicant/accused Abdul Wajid alias Wajid Pathan, arising out of Crime No.309/2015, registered at P.S. Taimuria, Karachi Central, under section 23(1)(a) of the Sindh Arms Act, 2013.

 

          Brief facts of the prosecution case as disclosed in FIR are that on 14.07.2015 complainant SIP Salman Shah of ACLC, Taimuria police station, along with his subordinate staff was busy in searching proclaimed offenders and vehicles checking at Peoples Chowrangi, Buffer Zone, Karachi. At 12:30 a.m. he got stopped one car bearing registration No.ADF-467, Honda Civic white colour, Model 2001, in which three persons were sitting, out of them two persons succeeded to run away, while the person who was driving the car was apprehended by the police, who disclosed his name as Abdul Wajid son of Abdul Ghafoor. He also disclosed names of co-accused as Inayat Nidwani and Shaman Bhayo. Upon his personal search one 30 bore pistol bearing No.FF-1803 with loaded magazine containing 4 live bullets was recovered for which he failed to produce license. Upon his further search Rs.1000/- and photocopy of his CNIC were also recovered. Accused also failed to produce ownership documents of vehicle. SIP Salman Shah sealed pistol in presence of mashirs. Thereafter, accused and case property were brought to police station where F.I.R. was registered on behalf of State under section 23(1)(a) of the Sindh Arms Act, 2013. After usual investigation challan was submitted against the accused under the above referred section.

 

          Bail application was moved on behalf of applicant/accused before 1st Additional Sessions Judge, Karachi Central, the same was rejected vide order dated 06.08.2015. Thereafter, applicant has approached this court.

          Learned counsel for applicant/accused mainly contended that unlicensed pistol has been recovered by police at Peoples Chowrangi, Buffer Zone, Karachi but no independent and respectable person of the locality has been cited as mashir of recovery. He further submitted that all the P.Ws are police officials and there is no question of tampering with the evidence.  He further argued that pistol has been foisted upon the applicant/accused by the police due to enmity. He contended that maximum punishment provided in the Statute for the alleged offence may not be awarded to the applicant/accused in the circumstances of the case. Learned counsel for the applicant/accused contended that bail has been granted to applicant/accused in main case by IV Civil Judge and Judicial Magistrate Karachi Central vide order dated 28.07.2015.. He further argued that after usual investigation challan has been submitted against the accused and he is behind the bars since 14.07.2015, there is no progress in the trial. In support of his contentions he has relied upon the case of Jamaluddin alias Zubair Khan versus the State (2012 SCMR 573).

 

Mr. Zafar Ahmed Khan, learned Additional Prosecutor General Sindh, opposed the bail application mainly on the ground that unlicensed T.T. pistol has been recovered from possession of accused and the case falls within the prohibitory clause of section 497 Cr.P.C. He argued that accused is required in some other cases. All the P.Ws have implicated the accused in the commission of offence, the case is a fresh one and alleged offence falls within the prohibitory clause of Section 497 Cr.P.C. He further contended that applicant/accused is involved in a number of cases.

 

          I am inclined to grant bail to the applicant/accused for the reasons that applicant/accused has been granted bail in main case by learned IV Civil Judge and Judicial Magistrate Karachi Central vide orders dated 28.07.2015. The applicant is behind the bar since 14.07.2015, yet charge has not been framed against him.  Learned A.P.G. has mainly opposed the bail on the ground that applicant/accused is involved in other cases. Merely registration of cases would not disentitle the accused from the concession of bail.  Looking to the peculiar circumstances of the case, maximum sentence as provided in the Statute may not be awarded to the applicant/accused. Rightly reliance has been placed on the above-cited case.  All P.Ws are police officials and there is no question of tampering with the evidence.  Serious mala fides has also been alleged against the police officials, therefore, there are reasonable grounds to believe that apparently the alleged offence has not been committed by the applicant/accused and the case against him requires further enquiry as contemplated under subsection (2) of Section 497 Cr.P.C.  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. The applicant/accused Abdul Wajid alias Wajid Pathan son of Abdul Ghafoor is admitted to bail subject to his furnishing solvent surety in the sum of Rs.50,000/- (Fifty Thousands Rupees), and P.R bond in the like amount to the satisfaction of trial Court. 

 

          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 on merits.

 

                                                                                      J U D G E

                                               

Gulsher/PA