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SAJJAD ALI MAITLO vs State S — 2022 PCrLJN 74 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 74 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
SAJJAD ALI MAITLO vs State S
Subject matter
Criminal
Provisions referred to
S. 497; 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

SAJJAD ALI MAITLO VS State S. 497(2)---Sindh arms act (V of 2013), S. 24---Possessing unlicensed weapon---Bail, grant of---Further inquiry---Record showed that the present case was offshoot of main case registered under Ss. 302, 114, 148, 149 & 337-H(2), P.P.C.---If the place to be searched was already known and was situated nearby a locality which was inhabited, then it became mandatory for the Police Officer to join independent witnesses from the locality and made search and recovery in their presence---In the present case, accused/applicant 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---However, it was incumbent upon the Investigating Officer 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/applicant from the room constructed over fish pond as such exclusive possession was not there---No doubt application of S. 103, Cr.P.C., was ousted under the act yet when a person was going to be charged with the offence for which police had advance information then it was incumbent upon Police Officer to associate two independent cum respectable witnesses from the locality for which no explanation had been furnished by the prosecution---accused had been granted bail in the main case and present case was an offshoot of said crime and prosecution had failed to associate the private mashirs for the recovery and had violated provisions as contained under S. 103, Cr.P.C.---accused had successfully made out a prima facie case for his release on post-arrest bail---Bail application was allowed, in circumstances.

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