2011 P Cr (PLP)

MUHAMMAD TASNIM, J.

Applicant/accused Muhammad Iqbal alias Captain son of Nabi Bux is booked in F.I.R. No.240 of 2010 registered under section 13(d) of Arms Ordinance at P.S. CID Sindh West Zone Karachi. In the first place the applicant applied for bail before I-Additional Sessions Judge, Karachi-West, in Sessions Case No.955 of 2010 but the said application was dismissed per order dated 22-2-2011 for the reasons mentioned in the order. Feeling aggrieved against the aforesaid bail order present application for grant of bail has been filed.

2. The prosecution case as setout in the F.I.R. is that on 25-9-2010 at about 5-30 p.m. in the office of Duty Officer CID Sindh Karachi through HC Syed Younis Ali that accused was arrested in Crime Nos.233 of 2010 and 235 of 2010 under sections 353, 324, 427 and under section 13(d) of Arms Ordinance. It is further case of the prosecution that during interrogation the present applicant pointed out a place wherefrom recovery of one KK without number loaded magazine twenty five rounds, one rifle .7 mm 'without number load magazine one TT pistol load magazine 6 rounds. Accordingly, case under section 13(d), Arms Ordinance was registered.

3. Learned counsel for the applicant in support of his bail application has submitted that there were two accused, namely, Abdul Rauf and Muhammad Iqbal, the present applicant, was arrested, in Crime No. 233 of 2010 registered under sections 253/324/34, P.P.C., Crime No.234 of 2010 registered under section 13(d) Arms Ordinance and Crime No.235 of 2010 registered under section 13(d), Arms Ordinance. Accused Abdul Rauf was arrested in Crime No.234 of 2010 registered under section 13(d) of Arms Ordinance whereas the present applicant/accused was arrested in Crime No.235 of 2010 registered under section 13(d), Arms Ordinance by P.S. CID Sindh. Learned counsel for the applicant says that both the above named persons have been admitted to bail in the cases under section 13(d) Arms Ordinance. Learned counsel further submits that Abdul Rauf who was booked in Crime No.234 of 2010 has been admitted to bail by the learned VI-Additional Sessions Judge, Karachi-East in Bail Application No.201 of 2011 vide order dated 2-2-2011 whereas the case of the present applicant/ accused is pending before I-Additional Sessions Judge, Karachi West. He says that witnesses are the same, recovery memo are the same and both the cases ought to have been decided by the same court. Learned counsel says that since the case has been sent to two different Courts divergent view has been taken by the Courts below while deciding the bail applications. Learned counsel further says that on same set of facts and evidence applicant Abdul Rauf has been admitted to bail by IV-Additional Sessions Judge, Karachi-South, in Sessions Case No.953 of 2010 whereas the present applicant has been denied bail by I-Additional Sessions Judge, Karachi-West. He says that since Abdul Rauf and present applicant are similarly placed and allegations against both of them are same rule of consistency should have been followed and present applicant should have also been admitted to bail by the learned I-Additional Sessions Judge, Karachi-West.

4. On the other hand, learned A.P.-G. does not oppose the grant of bail to the present applicant on the above legal aspect of the matter. Accordingly by consent the present applicant is also admitted to bail on his furnishing surety in the sum of Rs. 100,000.00 (Rupees one hundred thousand) with P.R. bond in the like amount to the satisfaction of learned trial Court.

5. The observations made hereinabove are tentative in nature and shall not affect the merits of the case triable by the trial Court. H.B.T./M-120/K Bail granted.