O R D E R MRS. ASHRAF JAHAN, J.:- Applicant/accused Mohammad Kamran Qureshi @ Gamma through this bail application is seeking post-arrest bail in crime No.423/2013 under section 23(1)(a) of Sindh Arms Act, 2013 (hereinafter referred to as the Act, 2013) of Police Station Mobina Town.
2. The facts leading to the present bail application are that on 23.11.2014 ASI Ghulam Abbas alongwith his team was busy in patrolling in the area of police station Mobina Town, when at about 4:30 a.m, he reached at main Suparco road and found one suspected person, who on inquiry disclosed his name as Mohammad Kamran Qureshi, as it was odd hour of the night, therefore, private witnesses could not be made available and the police officials acted as mashirs of recovery and upon his personal search one 9mm pistol was recovered from the pocket of his pant alongwith loaded magazine and five (5) live rounds. The apprehended accused failed to provide the license of pistol, therefore, he was taken into custody and after completion of legal formalities, F.I.R was lodged under section 23(1)(a) of the Act, 2013. The present applicant/accused moved bail application before learned Ist Additional Sessions Judge, Karachi (East), who vide order dated 29.04.2014 rejected the same, which is impugned before this Court.
3. I have heard learned counsel for the applicant/accused as well as learned A.P.G and perused the case record. It is contended by learned counsel for the applicant/accused that the present applicant/accused was kidnapped by the police officials on 20.11.2013 at about 11:30 p.m. when he was going in his Corolla car with his family. The mother of the applicant/accused moved such applications to the Home Secretary, Government of Sindh and Inspector General, Sindh and such applications are available on record and subsequently one H.C.P.No.250/2013 was moved before the District and Sessions Judge, Karachi (East), upon the directions of the learned Judge the Nazir of the Court raided at the police station Saoodabad but due to leakage of the information the police shifted the applicant/accused to unknown place and subsequently involved him in the present case. It is further contended that nothing has been recovered from the possession of the present applicant/accused, the case is highly doubtful and requires further inquiry. He has also pointed that as per FSL report the date of receiving pistol is mentioned as 22.11.2013, which subsequently has been changed as 23.11.2013, such fact clearly indicates that police has involved the applicant in this false case.
4. Conversely, learned A.P.G has submitted that incorrect date mentioned in Examination Report is only typographical error and nothing else. The present applicant/accused is involved in crime No.412/2013 under section 353, 324, 186/13 PPC and further in crime No. 402/13 under Section 302 PPC. Thus the applicant/accused has failed to make out the case for grant of bail. Learned counsel for the applicant/accused rebutted that in crime No.412/2013 the applicant/accused has already been granted bail, however, in crime No.402/2013 under section 302 PPC he is still in custody.
5. I have considered the arguments advanced before me and have perused the case record.
6. Mainly it is contended by learned counsel for the applicant that the applicant/accused was kidnapped by the police officials on 20.11.2013 at about 11:30 p.m. and thereafter involved in this false case on 23.11.2013, the date mentioned as 22.11.2013 in FSL supports the version of present applicant.
In this regard relevant record was perused and it transpired that the letter addressed to the incharge FSL for sending the recovered weapon alongwith loaded magazine and five live rounds for report, bears the date as 23.11.2013 and the receiving of Forensic Division, Sindh, Karachi also has the same date i.e. 23.11.2013. These documents support the version of learned A.P.G that the date mentioned on examination report as 22.11.2013 is only a typographical mistake. Additionally, the applicant/accused has placed on record photo copies of applications sent to the Home Secretary and I.G Sindh alongwith copy of H.C.P.No.250 of 2013 but no certified copies are produced to support the version of applicant/accused that such applications were infact moved and received by the concerned quarters on the said dates. Admittedly, the accused has been challaned under section 23(1)(a) of the Act, 2013, which falls within the ambit of prohibitory clause , therefore, at this stage, I am of the view that no case for grant of bail is made out, the same is therefore rejected.
However as the challan in this case has already been filed before the Court of law, therefore, trial Court is directed to conclude the trial within a period of four months from the date of receipt of this order.
A copy of this order be sent to the learned trial Court for compliance and report through M.I.T-II of this Court.