Gulshan Ali Mahar vs State Ss — 2025 YLR 1931 KARACHI-HIGH-COURT-SINDH

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

Gulshan Ali Mahar VS State Ss. 498 & 497(2)---Penal Code (XLV of 1860), 409 & 34---Prevention of Corruption Act (II of 1947), S. 5(2)---Criminal breach of trust by public servant, criminal misconduct---Pre-arrest bail, confirmation of---Further inquiry---Allegations against the applicant/accused were that he while posted as SIO, at a Police Station, received government SMG from armoury of Police Station through co-accused and deposited the weapon after keeping with him at his residence for ten months; the numbers on body and butt at weapon were found punched and necessary parts of said weapon were also changed by him---Allegations against the applicant were yet to be substantiated through cogent and convincing evidence---Mere recovery of a government-issued weapon with certain alterations, without any clear and direct evidence of criminal intent or wrongful gain, raised substantial doubts regarding the culpability of the applicant, which could only be determined at trial---Furthermore, the fact that the co-accused had already been admitted to pre-arrest bail reinforced the rule of consistency in granting similar relief to the present applicant---Moreover, the allegation that the applicant tempered with the government-issued weapon by altering its serial numbers and changing necessary parts remained unsubstantiated in the absence of a forensic or ballistic report---There was an inordinate and unexplained delay of twelve years in the registration of the FIR---Delay in lodging the FIR not only diminished the evidentiary value of the case of prosecution, but also casted serious doubts over the veracity of allegations---Delay of such magnitude, without any plausible justification, suggested mala fide intent and ulterior motives on the part of the prosecution---Keeping the applicant behind the bars would serve no beneficial purpose, particularly when there was no apprehension of tampering with evidence or absconding---Record indicated that the applicant had diligently attended trial proceedings, demonstrating his bona fide intent to face the allegation against him---Denying bail in such a scenario would not only amount to pre-trial punishment but would also undermine the fundamental rights of applicant---In such circumstances, the case against the applicant required further inquiry---Interim pre-arrest bail granted to the applicant was confirmed accordingly.

Gulshan Ali Mahar vs State Ss — 2025 YLR 1931 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2025 YLR