2014 PLP 1769 (YLR)

SHAUKAT ALI MEMON, J.

Through instant bail application, applicant Rajab seeks post-arrest bail in Crime No.73/2013, Police Station Kunri, under section 23(1) of the Sindh Arms Act 2013, mainly on the ground that alleged offence does not fall within the prohibitory clause of section 497, Cr.P.C. in terms of section 8(1) of the Sindh Arms Act 2013, on account of age of the applicant being below 25 years.

2. The earlier bail application filed on behalf of the applicant was dismissed by the trial Court vide its order dated 18-7-2013.

3. During the course of arguments, learned counsel for the applicant invited attention of this Court towards contents of mashirnama of arrest dated 5-7-2013, showing the age of applicant as 20 years and argued that by virtue of provisions of section 23(2), the alleged offence is punishable with imprisonment for a period which may extend to 7 years and with fine, thus does not fall within the prohibitory clause and in such cases grant of bail is rule while refusal is an exception.

4. Conversely, learned A.P.G. conceded to the factum of age of accused to be twenty years, as per mashirnama of arrest, however, he opposed the grant of bail on the ground that applicant has committed a non-bailable offence.

5. Before dilating upon the submission, advanced by learned counsel, the relevant provisions of the Sindh Arms Act, 2013 are needed to be considered reading as under:-- "8. (1) Notwithstanding any of the provisions of this Act, no person shall (i) Who is below the age of twenty five years, or (ii) Who is not permanent resident of Province of Sindh, (iii) Who has been convicted for any offence involving violence or moral lapses, leading to imprisonment for a minimum term of six months, at any time during a span of five years after the expiry of the sentence, or (iv) Who has been ordered to execute under Chapter VIII of the Code of Criminal Procedure, 1898, a bond for keeping peace or for displaying good behaviour, at any time during the term of the bond, acquire, possess or carry any firearm or ammunition, sell or transfer any firearm or ammunition to, or convert, repair, or test any firearm or ammunition for, any other person whom he knows, or has reason to believe-- (i) to be prohibited from acquiring, possessing or carrying any firearm or ammunition, or (ii) to be of unsound mind at the time of such sale or transfer, or such conversion, repair or test. (2) Notwithstanding anything contained in clause (i) of sub-section (1), a person who has not attained the prescribed age may use, under prescribed conditions such firearms as may be recommended in the course of his training in the use of firearms." 23. (1) Whoever-- (a) acquires, possesses, carries or control any firearm or ammunition in infringement of section 3, shall be punishable with imprisonment for a term which may extend to fourteen years and with fine: (b) manufactures, sells, transfers, converts, repairs, tests, or offers for sale or transfer, or possesses for sale, transfer, conversion, repair test, any arms or ammunition in contravention of section 4; or (c) sells or transfers any firearm which does not bear the names of the maker, manufacturer's number or other identification mark stamped or otherwise shown thereon as required by subsection (2) or section 7 or acts in contravention of subsection (1) of that section; or (d) brings into, or takes out of, Sindh, any arms or ammunition in contravention of section 9; or (e) transports any arms or ammunition in contravention of section 10; or (f) fails to deposit arms or ammunition as required by section 21; or (g) being a manufacturer or dealer in arms or ammunition, fails, on being required to do so, by rules made under section 39, to maintain a record or to make all such entries as are required by such rules or intentionally makes a false entry or prevents or obstructs the inspection of such record or prevents or obstructs the entry into any premises or other place where arms or ammunitions are manufactured or kept or intentionally conceals such arms or ammunition or refuses to point out where the same are manufactured or kept, shall be punishable with imprisonment for a term which may extend to ten years and with fine. (2) Whoever being a person to whom provisions of section 8 applies, acquires, possesses or carries any firearm or ammunition in contravention of that section shall be punishable with imprisonment for a term which may extend to seven years and with fine. (3) Whoever having sold or transferred any firearms or ammunition or other arms under the proviso to section 4, fails to inform the Home Department, Government of Sindh, of such sale or transfer, shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to rupees fifty thousand, or with both. (4) Whoever when required under section 19 to give his particulars, refuses to furnish the same or gives false particulars, shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to rupees fifty thousand or with both."

6. The plain reading of the relevant provisions of section 8 and section 23 of the Sindh Arms Act, 2013, reproduced above, undoubtedly puts the offence if any committed by the applicant, not falling under the prohibitory clause of section 497, Cr.P.C, therefore, the applicant is admitted to bail subject to his furnishing solvent surety in the sum of Rs.100,000 (One Lac) with P.R. Bond in the like amount to the satisfaction of the trial Court. Bail application disposed of. MWA/R-7/Sindh Bail granted.