2017 P Cr (PLP)

SHAHNAWAZ TARIQ, J.

Through captioned post-arrest bail application, applicant Shoukat Khan has impugned order dated 19.08.2015, passed by the Special Court No.1 (CNS), Karachi, whereby his earlier bail application was declined.

2. Necessary facts spelt out from instant FIR are that applicant was apprehended in Crime No.278/2014 under section 23(i)A, Sindh Arms Act, 2013 and during his personal search a white colour shopping bag containing two packets of Charas weighing 2000 grams, was also recovered which was sealed on the spot, hence instant FIR.

3. Learned counsel for applicant contended that applicant is innocent and has falsely been implicated by the complainant with ulterior motives; that the applicant is behind the bars for about two years and trial has yet not been; that applicant was also involved in two other cases but in murder case he has acquitted, while in connected case, he has been granted bail; that investigation has been completed and he is not previously convicted.

4. Learned A.P.G. opposed the plea of bail agitated by learned counsel for applicant and contended that applicant was apprehended on the spot and from his possession one unlicensed 30 bore pistol was also recovered, hence he is not entitled for grant of bail.

5. Heard arguments advanced by learned counsel for the parties and examined the record.

6. Perusal of the record reflects that applicant was apprehended from main road Khairabad near Aman Chowk, Monghopir Road, Karachi, which is a thickly populated area, but there is no mention as to why complainant did not associate private persons to act as mashirs. Perusal of FIR further reflects that neither samples were separated from the alleged recovered narcotic substance on the spot nor mode of weighing of recovered Charas has been mentioned in FIR and even it is not disclosed that weight of substance is mentioned including the packets or in its pure form, thus above ambiguity requires further inquiry. Moreover, applicant is behind the bars since 20.12.2014, but prosecution has failed to examine a single witness within period of about two years to substantiate the charge against the accused when all PWs are police officials and still posted at same police station. The demeanor of complainant reflects that he is not interested in an early disposal of the main case and has been deliberately avoiding with sole object to keep the applicant behind the bars. Moreover, applicant has already been acquitted in case vide Crime No.118/2013 under section 302/34, P.P.C. by the trial Court vide order dated 16.05.2016 under section 265-K, Cr.P.C. and also enlarged on bail in Crime No.278/2014, under section 23(i)A, Sindh Arms Act, 2013, by learned trial Court, hence applicant could not be deprived from the enlargement on the basis of other cases, while he is deserving for grant of bail on merits. Admittedly, investigation of the crime has been completed and applicant is no more required for further investigation nor he is not previous convict, hence his further detention will not serve any useful purpose.

7. Considering the above circumstances, the applicant has succeeded to make out the case for further inquiry as envisaged in section 497(2). Consequently, the applicant is enlarged on bail on furnishing solvent surety in the sum of Rs.200,000/- (Rupees Two Lacs only) and P.R bonds in the like amount to the satisfaction of learned trial Court. The observations made above are tentative in nature and learned trial Court shall decide the case strictly on merits. Bail application stands disposed of in the above terms. WA/S-120/Sindh Bail granted.