2023 P Cr (PLP)

ABDUL MAALIK GADDI, J.

By this bail application under sections 6/9(c) of CNS Act, 1997, the applicant Manzoor Hussain Magsi son of Imdad Hussain has approached this Court for grant of bail in Crime No.373 of 2018 registered at Police Station Peerabad, Karachi. Prior to filing this bail application, applicant approached to the trial Court for post arrest bail, but the same was dismissed vide order dated 27.04.2019. Hence this bail application.

2. Brief facts of the case are that on 24.9.2018 at about 0445 hours, ASI Naveed Siddiqui of Police Station Peerabad, Karachi, noticed two suspectee on motorcycle, halted them at Jamshed Petrol Pump, Main Manghopir Road, Karachi, who disclosed their names as Manzoor Hussain and Hassan. Their personal search was conducted, recovered blue colour polythene bag containing 5 kilo 40 grams charas from the possession of accused Manzoor Hussain Magsi and from the possession of accused Hassan recovered white colour polythene bag containing 1030 grams charas. Apprehended accused along with case property and motorcycle were brought at P.S. where titled FIR was lodged.

3. Learned counsel for applicant/accused contended that the accused is innocent and has been falsely implicated in this case; that applicant accused is in old age (60 years) as well as sugar patient and co-accused Hassan has already been granted bail; that accused is behind the bars for more than one year, but prosecution failed to examine any witness; that there is violation of section 103, Cr.P.C., as no private witness has been associated in this case. In support of his arguments, learned counsel for applicant relied upon the cases of (1) Imtiaz Ahmed v. The State reported in 2017 SCMR 1194, (2) Jamal-ud-Din alias Zubair Khan v. The State reported in 2012 SCMR 573 and (3) an unreported Order passed by Supreme Court of Pakistan in Criminal Petition No.166-K/2018.

4. Learned Additional Prosecutor General Sindh has opposed this bail application on the ground that the applicant/accused was arrested at the spot and huge quantity i.e. 5 kilo and 40 grams chars recovered from the possession of accused in presence of mashirs, who have no inimical terms with the applicant/accused. During the course of arguments, learned APG has placed on record the criminal record of the applicant showing the applicant is involved in other criminal cases as well.

5. I have heard the learned counsel for parties at a considerable length and have gone through the case papers so made available before me.

6. It appears from the record that the alleged incident took place on 24.9.2018, whereas FIR was lodged on the same day by the complainant ASI Naveed Siddiqui of Police Station Peerabad. It also appears from the record that the present applicant/accused was apprehended at the spot during routine patrolling duty by the complainant and his subordinate staff and 5 kilo 40 grams charas was recovered from his exclusive possession in presence of two official witnesses, who have no inimical terms with the applicant/accused. Prosecution witnesses in their statement under section 161, Cr.P.C. stamped version of FIR and not made any sort of departure from the same. The whole recovered property from the possession of the applicant was sent to chemical examiner on 25.9.2018 without any delay and the positive chemical report is on record. Prima-facie shows the involvement of the applicant/accused in a case which appears to be serious and heinous in nature.

7. It is argued by learned counsel for applicant that the applicant/accused is behind the bars since his arrest and no substantial progress has been made in this case and the applicant is also facing multiple diseases inside jail, therefore, the applicant may be granted bail. I am not convinced with the arguments of learned counsel for applicant, for the reasons that in this matter, as per progress report submitted by trial Court that charge was framed on 05.10.2019 and thereafter on 12.11.2019, all PWs were in attendance but due to late appearance of counsel for applicant and by consent matter was adjourned to 17.12.2019 for evidence. This fact shows that the matter was adjourned on the said date on account of late appearance of the counsel for applicant. It also appears from the record that the case of co-accused Hassan is altogether different to the case of present applicant.

8. Learned APG has placed on record photocopy of criminal record of the applicant showing that the applicant is involved in other criminal matters. When confronted this aspect of the case to learned counsel for applicant for reply, he has no satisfactory answer with him.

9. In the instant case, there is sufficient material against the applicant is on record and it is not the case for bail. In bail matters, Courts do not evaluate the material against the accused in depth, which is the function of the trial Court. The case-laws cited by counsel for applicant are distinguishable to the facts of the present case, therefore, the same are not helpful for him. Even otherwise, in criminal administration of justice each case has to be decided on its own facts and circumstances, and courts are required to exercise jurisdiction independently as held by Hon'ble Supreme Court of Pakistan in case of State v. Haji Kabir Khan reported as PLD 2005 SC 364 and Muhammad Faiz alias Bhoora v. The State and another reported in 2015 SCMR 655.

10. In view of the above, I reject this bail application of the applicant, which has no merit. However, since it is stated by counsel for applicant that the applicant is facing multiple diseases inside jail and he has not been treated properly inside jail. Under the circumstances, Superintendent, Central Prison, Karachi is directed to provide all medical facilities to the applicant permissible under the law, with further direction to the trial Court to proceed the matter expeditiously and preferably decide the same within the period of 04 (four) months under intimation to this Court.

11. Needless to mention here that the observations made hereinabove are tentative in nature would not influence trial Court while deciding the case of applicant/accused on merits. ADN/M-51/Sindh Application dismisse