1. Granted subject to all just exceptions.
2. Applicant, Muhammad Shahid @ Chooran, booked in Crime No. 324/2013 registered at Police Station CID Sindh, Karachi under section 23(1)A, Sindh Arms Ordinance, 2013, has sought bail on the grounds that the applicant/accused has been admitted on bail in main case being Crime No. 319/2013 registered under section 353, 324/34 PPC with Police Station CID Sindh, Karachi by order dated 20.6.2013, copy of which has been annexed with the memo of bail application.
Brief facts of the prosecution case as narrated in the FIR lodged by the complainant namely S.I.P. Ali Nawaz are that on the day of incident he alongwith police officials was busy in area patrolling when they received information about the availability of the culprits, on such information they reached at pointed place and tried to caught the accused persons, on seeing the police party they started firing upon the police party with intention to kill the police party. Police party in self defence also started firing, thereafter the accused persons fled away and one of the motor cycle of accused persons fall down at spot, as such the police taken into custody of the motor cycle.
Thereafter he lodged the FIR of the incident as above. The applicant applied for bail which was declined by the trial court hence present application has been filed on the grounds as set forth in the memo of bail application.
Learned counsel representing the applicant submits that the applicant is confined in central prison Karachi as he has been charge sheeted and facing trial; that the offence is not falling within the prohibitory clause of section 497 Cr.P.C. and that necessary compliance of section 103 Cr.P.C. pertaining to search, recovery of case property has not been conducted by the police as both the mashirs are police officials and record was made from dwelling.
On the other hand, learned Assistant Prosecutor General, Sindh opposed the bail application on the ground that prohibited automatic rifle (Kalashnikov) loaded with fifteen live bullets and a live grenade has been recovered, which shows that the applicant is a dangerous man.
Record transpires that the applicant who was already in custody of the police volunteered to produce the illicit weapon which was duly recovered on 02.4.2013. Admittedly, the memo of recovery does not show that what prevented the Investigating Officer to associate independent persons of the locality to act as mashirs, which shows glaring non-compliance of section 103 Cr.P.C on his part. It is also an admitted fact that applicant/accused has already been enlarged on bail by the trial court in FIR No. 319/2013 under section 353, 324/34 PPC, registered with Police Station CID Sindh, Karachi. It is a fact that alleged office does not fall within the prohibitory clause of section 497 Cr.P.C. and since the applicant/accused has been challaned, therefore, he is no more required by the police for the purpose of investigation. In such view of the matter, learned counsel for applicant has rightly contended that law is in favour of bail rather jail, particularly, all the PWs are police officials and there is no chance of tempering of the prosecution evidence by the applicant/accused. Being a case of further enquiry under section 497(2) Cr.P.C., the applicant/accused is admitted to bail subject to his furnishing solvent surety in the sum of Rs.1,00,000/- (Rupees one lac only) and P.R.Bond in the like amount to the satisfaction of the trial court.
This bail application stands disposed of in the above terms.