2017 P Cr (PLP)

SHAHNAWAZ TARIQ, J.

Through captioned post-arrest bail application, applicant Ifran-ur-Rehman has impugned order dated 30.07.2016, passed by the Court of learned V-Additional Sessions Judge, Karachi-Central, whereby his earlier bail application was declined.

2. Relevant facts narrated in instant application are that on 21.06.2016 at 2115 hours near Masjid Quba, Nazimabad No.3, complainant ASI Mumtaz Ali intercepted the applicant who was riding on motorcycle and during his personal search recovered one .30 bore unlicensed pistol, cash worth Rs.1500/- and foreign currency of 20,000/-, 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 applicant is behind the bars for more than four months but prosecution did not examine any witness against the applicant though all the PWs are police officials; that applicant has been enlarged on bail in main case for commission of dacoity by learned trial Court; that recovered pistol was sent for FSL report with a delay of four days, hence applicant is entitled for grant of bail.

4. While controverting the above submission, learned A.P.G. contended that applicant was also involved in another crime, whereby he had committed dacoity; that the recovered pistol and bullets were sent for FSL report, which is also in positive. However, learned APG conceded that in FIR and Challan, recovered bullets are not mentioned.

5. Heard arguments advanced by learned counsel for the parties and perused the material available on record which emanates that applicant was apprehended in a thickly populated area but complainant has failed to associate any public person to act as mashir to maintain the transparency of recovered pistol nor even he made any serious effort to hire any private person at the time of recovery. Indeed, applicant was arrested on 21.06.2016 and during the period of more than 4 months, prosecution has failed to examine a single witness to substantiate the charge against the applicant though all PWs are police officials and they are still posted at same police station and procuring of the attendance of PWs, is not a difficult task. The demeanor of complainant reflects that he is not serious for early disposal of the main case and he is only interested to keep the applicant behind the bars.

6. Admittedly, applicant was also involved in another case vide FIR No. 183/2016, under section 392/34, P.P.C., but he has been enlarged on bail by learned trial Court, and copy whereof is also available on record. Per the averments of FIR and challan, no bullet was recovered at the time of arrest of accused, hence the claim of recovery of bullets requires serious consideration. Moreover, Challan has been submitted which reflects that applicant is no more required further for investigation. The alleged offence is punishable up to 10 years, however, there is no probability of accused being convicted with maximum sentence for the offence of possessing an empty pistol. It is well settled that while dealing the question of bail, Court has to consider the minimum aspect of the sentence provided for the alleged offence in the schedule. Prosecution has failed to place any record that applicant is a hardened and dangerous criminal and also previous convict. In present case, all the PWs are police officials and there is no apprehension of tampering with the prosecution evidence, thus further detention of the applicant will not serve any useful purpose.

7. Considering the above facts and circumstances, applicant has succeeded to make out the case for grant of bail on the ground of further inquiry as envisaged in section 497(2). Consequently, applicant is enlarged on bail on furnishing solvent surety in the sum of Rs.100,000/- (Rupees One Lac only) and P.R bond in the like amount to the satisfaction of learned trial Court. The observations made supra 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/I-39/Sindh Bail granted.