' Through instant application, applicant seeks post arrest bail in Crime No. 165/2013 of P.S. Tando Allahyar u/S. 23(1) of Sindh Arms Act, 2013.
2. Precisely relevant facts are that during patrolling by police, they suspected a person, who tried to escape but the police apprehended him and from his personal search one T.T. Pistol having .30 bore was recovered, same was unlicensed. Accused and property were brought at Police Station.
FIR was lodged. After usual investigation, accused was sent up for trial.
3. Learned counsel for the applicant inter alia contends that police has misapplied Section 23(1) of Sindh Arms Act, 2013 in fact alleged recovery effected form the applicant comes within the definition of Section 2 of said Act and it is elucidated that the pistol and other weapons like rifle, gun, falls within the definition of "arms" and punishment is provided in Section 24 of the Act i.e maximum up to 10 years all the witnesses are police officials; applicant is behind the bar; there is no previous criminal history of the applicant for his involvement in like nature cases.
5. Learned Additional Prosecutor General Sindh half heartedly opposed the bail application.
6. Heard counsel and perused the record. After meticulous examination of available record, it is manifest that recovery of the pistol was effected from the applicant and he was booked u/S. 23(1) of Sindh Arms Act. With regard to applicability of such section, I have answered the same in Cr. Bail Apple. No. S-282/2013 it will be conducive to refer relevant portion of that order as under:- "The joint reading of Section 23(1)(a) and Section 24 of the Act would show that the 3ub-section (1)
(a) of Section 23 of the Act deals with situation where one acquires, possesses, carries or control any fire-arm or ammunition in contravention of Section 3 (he. License for acquisition and possession of firearms and ammunition) while the Section 24 of the Act provides punishment. For possessing arms or ammunition licensed or unlicensed with the aim to use them for any unlawful purpose. It is germane to append here that plain reading of Sections 23 and 24, elucidate that Section 23(1)(a) provides maximum punishment upto 14 years, whereas Section 24 provides up to ten years, thus, apparently instant case, wherein recovery is pistol, which falls within the definition of "arms" as provided in the Section 2, which carries maximum sentence ten years as provided in Section 24 of the Sindh Arms Act, 2013.
7. As the quantum of punishment has to be determined by the trial Court. In such like cases whether accused would be liable to the punishment provided for the offence and also as to whether the punishment in case of proof of the guilt after trial in the circumstances would fall under the prohibitory clause are the questions requiring further probe, as the maximum punishment provided under Section 24 of the Sindh Arms Act, 2013, is ten years, discretion is left upon the trial Court by the Legislature to decide the fate of the case according to the circumstances of the case com mensuration with the nature of case. The record is also silent as to whether the applicant is habitual or previous convict, hence all these facts make the case against him as that of further inquiry.
8. Reverting, to the factual aspect of this case admittedly;, all witnesses are police officials; case is pending before trial Court for adjudication of guilt; accused is no more required for further investigation; therefore, there is no likelihood of tampering in the prosecution case. Moreover, it is settled principle of law that bail cannot be withheld as punishment.
9. Keeping in view the given circumstances, the applicant has succeeded to make out a case for bail, thus he is admitted to post arrest bail subject to his furnishing solvent surety in the sum of Rs.
50,000/- (Fifty thousands) and P.R bond in the like amount to the satisfaction of the trial Court.
' The Cr. Bail Application stands disposed of