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SADAQAT ALI vs State S — 2022 PCrLJN 69 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 69 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
SADAQAT ALI vs State S
Subject matter
Criminal
Provisions referred to
S. 497---S; S. 24---P; S. 103

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SADAQAT ALI VS State S. 497---Sindh arms act (V of 2013), S. 24---Possession of illicit weapon and ammunition---Bail, grant of---Further inquiry---Prosecution case was that a weapon of offence, pistol, was recovered on the pointation of accused, which was allegedly concealed by him in a constructed room after commission of offence in main case (registered for offences under Ss. 302, 114, 148 & 149, P.P.C.)---Present case was an offshoot case of main case registered, in which accused had been granted bail---Trial Court declined the bail in the present case by assigning reasons that earlier bail application filed by the accused-petitioner was declined with direction to file fresh bail application after submission of final challan---although, challan of the case had been submitted yet R&Ps were not submitted to Trial Court, therefore, it did not entertain the bail application and opted to decline the same---Challan of main case had been filed and R&Ps of the main case had also not been sent up to the court of session nor were assigned to the Trial Court, however, the R&Ps of the present case though were not required for preliminary proceedings, yet bail application filed by the accused-petitioner had been declined by the Trial Court though he had been granted bail by the same Trial Court in main case---If the place to be searched was already known and was situated nearby a locality which was inhabitant, then it would become mandatory for the Police Officer to join independent witnesses from the locality and make search and recovery in their presence---In the present case, accused-petitioner was already in police custody and according to the prosecution he volunteered to produce offensive weapon from the room constructed over a Fish Pond, as such the police was aware of the place from where they had to make search well in time---Investigating Officer was supposed to join two or more responsible persons to witness the recovery to which they had failed and no explanation whatsoever had been given---Prosecution had failed to establish the exclusive possession of the room as well as fish pond, which was in access to general public---Offensive weapon was produced by the accused-petitioner from the room constructed over fish pond, as such exclusive possession was not there---accused-petitioner having been granted bail in the main case and that present case was an offshoot of the main case and prosecution had failed to associate the private mashirs for the recovery and had violated provisions as contained under S. 103, Cr.P.C.---Bail petition was allowed, in circumstances.

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