2010 PLP 173 (MLD)

SYED MAHMOOD ALAM RIZVI, J.

This bail application is directed against the order, dated 22-1-2009, passed by the learned IVth Additional Sessions Judge, Karachi East in Sessions Case No.121/2008, arising out of F.I.R. No.21 of 2008 under sections 4/5 Explosive Substances Act, registered at Police Station C.I.D., Karachi whereby the bail application of the applicant was rejected. Brief facts of the prosecution case are the applicant along with other accused persons was arrested on 15-2-2008 in Crime No.3 of 2008, under sections 353/324, 34 P.P.C. by C.I.D. Police Sindh Karachi. Subsequently during interrogation on the same day to his pointation police of C.I.D. Sindh Karachi raided a house situated in Korangi, from where two accused person made their escape good, while three were arrested and recovered huge quantity of chemical, and other instruments used in making the Bomb. The case under sections 4/5 Explosive Substances Act was registered. After investigation seven accused persons including the applicant were challaned placed in column No.2 as absconders. Therefore, the charge has been framed, against the applicant and co-accused to which they pleaded not guilty and claimed to be tried about three and half months back, but not a single witness has been examined so far. Learned counsel for the applicant has contended that nothing was recovered from the possession of the applicant. He further contended that it is alleged against the applicant that on his pointation the explosive substances were said to have been recovered from a house where at least five persons were available, out of them two made their escape good, while three were arrested, that mere admission before the police has no value under Articles 38 and 39 of the Qanoon-e-Shahadat. He further contended that the applicant was already in custody since 4-1-2008 and he was confined by the Police illegally and the family members of the applicant have also filed applications to the Honourable Chief Justice of Pakistan, Honourable Chief Justice of Sindh High Court, President of Pakistan, Prime Minister, I.G. Sindh, S.H.O. P.S. Gulshan- e-Iqbal, and Sessions Judge, Karachi East from 7-1-2008 to 16-2-2008 regarding the disappearance and illegal detention of the applicant by the police. The learned counsel has further referred that the application moved to the President of Pakistan on 7-1-2008 was replied and has been received vide letter, dated 2-1-2008 in which it has been informed that a direction has been given to the concerned officials for necessary action. He also referred all the above applications with T.C.S. receipts and argued that as per order of the learned Sessions Judge, an F.I.R. was lodged on 17-3-2008 on the complaint of the father of the applicant at P.S. Gulshan-a-Iqbal bearing F.I.R. No.162/2008, under section 165, P.P.C. He further argued that the applicant was resident of Gulshan-e-Iqbal and he never been resided in the said house situated in Korangi from where the explosive substance said to have been recovered, nor he obtained the said house on rent. He further argued that co-accused Hassan Aamir has been granted bail by the learned trial Court. He further argued that the applicant also granted bail in the connected cases viz; Crime No.3 of 2008, under sections 353/324/34, P.P.C. and crime No.20 of 2008 under section 13-D Arms Ordinance. In support of his contention, he has relied upon the case of The State v. Maqbool Hussain reported in 1997 PCr.LJ 1490. The learned Additional P.G. has vehemently opposed the bail application and has contended that huge explosive substance has been recovered on the pointation of the applicant and due to _current situation the bail cannot be granted to the applicant. He further argued that though there are applications regarding illegal detention of the applicant, but no enmity has been shown against the complainant. He admitted that no tenancy agreement is available on record. He also admitted that the premises were not rented out to the applicant and as per the statement under section 161, Cr.P.C. of the landlord the premises were rented out to one Aanatullah. He further argued that prima facie case is made out against the applicant, therefore the bail application is liable to be dismissed. Heard the learned counsel for the applicant learned A.P.G. and perused the record. It appears the applicant was in illegal custody of the police since 4-1-2008, therefore his father has moved applications to every forum. He filed the applications and placed copies of .the same along with the receipts of T.C.S. so also the reply from the President Secretariat Public (Awan-e-Sadar Islamabad), which shows that at least more than seven weeks earlier the applicant was remained in illegal custody. Even otherwise the applicant was arrested in two F.I.Rs., in which he has been granted bail. Regarding the recovery of the explosive substance said to have been recovered from the house situated in Korangi and the same were not recovered from the possession of the applicant. It further appears that five persons were available in the said house, out of them two made their escape good, while three were arrested. The applicant is in custody since 15-2-2008 charge has been framed, but not a single witness has been examined so far and the expeditious trial of the case is the right of every accused and no one can be put behind bars by showing that a serious case has been made out though as per recovery the case is serious in nature, but involvement of the applicant appears to be doubtful, therefore case of bail is made out. Hence the bail is granted to the applicant subject to furnishing surety in the sum of Rs.1,00,000 (Rupees One Lac) with P.R. bond in the like amount to the satisfaction of the trial Court. The trial Court is directed to conclude the case within 60 days from the date of receipt of this order on priority basis. H.B.T./Z-23/K Bail granted.