Case Judgement

1 of 9

http://pakistanlawsite.com/LawOnline/law/content21.asp?Casedes=201...

2014 P Cr. L J 1767

[Sindh]
Before Muhammad Ali Mazhar, J
SHAH JAHAN---Applicant
Versus
The STATE---Respondent
Criminal Bail Application No.1413 of 2014, decided on 9th September, 2014.
(a) Jurisprudence------Classification of law---Harsh law, framing of---Object---At times certain laws are considered draconian
but sometimes laws are made as a need of time to safeguard larger public interest for showing and exposing
deterrence so that increasing rate of crimes menacing evil in society may be prevented which is found more
dangerous than cancerous disease.
(b) Sindh Arms Act (V of 2013)------S. 2(d)---"Firearm"---Connotation---Firearm includes any weapon designed to discharge a projectile or
projectiles of any kind by action of gunpowder or any explosive or other firearm of energy---Pistol is also a
firearm, no matter it is also included in the definition of "arms" with other list of weapons.
(c) Sindh Arms Act (V of 2013)------S. 34---Criminal Procedure Code (V of 1898), S. 103---Recovery of weapon---Evidence of police
official---Scope---Compliance of S.103, Cr.P.C. is not mandatory and police officer can also be a witness of
search and recovery including person present on spot.
(d) Criminal Procedure Code (V of 1898)------S. 497---Sindh Arms Act (V of 2013), S. 23(1)(a)---Possessing firearm---Bail, refusal of---Accused was
arrested on spot as he was carrying .30 bore pistol with loaded magazine containing two live cartridges and
one live bullet loaded in chamber---Weapon was recovered in presence of private witness, who was robbed
by accused for which separate F.I.R. was lodged---Effect---Ample material was available on record to
connect accused with crime in question---Bail was declined in circumstances.
Ayaz Ali v. State PLD 2014 Kar. 282; Inayat Ali v. State 2014 SBLR 626; Black's Law Dictionary,
Forensic Science in Criminal Investigation and Trials Fourth Edition by B.R. Sharma; Archbold 2014;
Chambers 21st Century Dictionary and Firearms in Criminal Investigation and Trials, Fourth Edition by B.R.
Sharma ref.

19/08/2015 08:52

Case Judgement

2 of 9

http://pakistanlawsite.com/LawOnline/law/content21.asp?Casedes=201...

Muhammad Naeem Memon for Applicant.

Saleem Akhtar, Additional Prosecutor-General for the State.
Date of hearing: 20th August, 2014.
ORDER
MUHAMMAD ALI MAZHAR, J.---The applicant has applied for post arrest bail in Crime
No.56/2014 lodged under section 23(1)(a) of Sindh Arms Act at Police Station, Liaquatabad, Karachi.
2.
The ASI Akram Butt on behalf of State lodged the Crime No.55/2014 under sections 392, 324, 353
and 34, P.P.C. in which he stated that accused Shah Jahan was arrested on 22-3-2014 from Bantwa Nagar,
Lyari Expressway, Liaquatabad, Karachi. At the time of his arrest he was carrying .30 bore pistol No.2335
with loaded magazine containing two live bullets and one live bullet was chamber loaded. In presence of
private witness Faisal son of Muhammad Afsar and PC Azhar Hussain Shah, the ASI Akram Butt demanded
license of recovered weapon and ammunition but accused failed to produce the same and on return to police
station F.I.R. No. 56/2014 was lodged under section 23(1)(a) of Sindh Arms Act, 2013.
3.
The learned counsel for the applicant argued that the applicant is innocent and he has been falsely
implicated in this case. The accused was arrested empty handed from this house. He further argued that
nothing has been recovered from the possession of applicant and the alleged recovery has been foisted upon
the applicant. The alleged weapon was sent to the Forensic Division for examination but the report shows that
seven .30 bore crime empties were not fired from the above mentioned pistol as major points i.e. striker pin
marks, breech face marks and chamber marks are dissimilar therefore, the falsity of the F.I.R. and implication
of the alleged weapon cannot be ruled out. He further argued that at the best section 24 is applicable which
has lesser punishment. He further argued that pistol is included in the definition of "Arms" under the Act of
2013 which is punishable under section 24 of the Act. Section 23(1)(a) provides punishment for firearms and
ammunition only and according to the learned counsel, pistol is not included in the definition of firearms. In
support of his contention, he referred to the following case law:-(1)
PLD 2014 Karachi 282 (Ayaz Ali v. State).---Section 2(d) "Firearms" used in the meaning of
"firearms" provided in Sindh Arms Act, 2013, was not be confused with a "pistol" because "riot-pistol" (or
less lethal launcher) was a type of firearm that was used to fire non-lethal ammunition for purpose of
suppressing riots. Sindh Arms Act. Possessing unlicensed arms. "Arms" definition of. "Pistol". Police
allegedly recovered an unlicensed pistol from possession of accused. Unlicensed pistol fell within the
definition of "arms" provided in section (2)(c) of Sindh Arms Act, 2013. Section 24 of Sindh Arms Act, 2013
provides maximum punishment up to 10 years imprisonment.
(2)
2014 SBLR 626 (Inayat Ali v. State).---Sindh Arms Act, 2013, sections 2, 23(1)(a) and 24, Criminal
Procedure Code (V of 1898). Section 497. The instant case falls within the definition of 'arms' as provided in
section 2 of Sindh Arms Act, 2013; same is governed by section 24 of the Act, which provides maximum
punishment up to 10 years. Perusal of sections 23 and 24 stipulates that section 23(1) provides maximum
punishment up to 14 years, whereas section 24 provides maximum punishment up to 10 years imprisonment,
thus, apparently instant case, wherein recovery is of pistol, which falls within the definition of 'arms' as
provided in the section 2, which carries maximum sentence of 10 years, as provided in section 24 of the Act.
It is settled principle of law that grant of bail in cases covered by non-prohibitory offences is a rule and
refusal is an exception, and in peculiar facts and circumstances of the instant case portray that no exceptions

19/08/2015 08:52

Case Judgement

3 of 9

http://pakistanlawsite.com/LawOnline/law/content21.asp?Casedes=201...

exists therein.
4.
The learned Additional P.G. argued that on 22-3-2014, the complainant along with other police
officials was patrolling on police mobile and when they reached to the Lyari Expressway one Muhammad
Faisal complained them that he was going on his motorcycle to Liaquatabad from Hassan Square and when
he reached to Lyari Expressway, two persons snatched Rs.1,500 from him. He also pointed out two persons
who were running from the place of incident. The Police party tried to arrest them but they started firing and
police also made firing in their self defence due to which one dacoit sustained injuries in his legs who is
applicant in this bail application, while his partner Naveed made good his escape. He further argued that the
applicant was arrested on the spot. It was further contended that the counsel for the applicant failed to point
out any enmity or mala fide intention on the part of police. He further pointed out the memo of arrest in
which one private witness is Muhammad Faisal, who was robbed by the applicant. Learned A.P.G. also
pointed out the report of the Firearms Examination Unit, Forensic Division Karachi to show that one .30 bore
crime empty was fired from the pistol No.2335 which was recovered from the applicant. So far as the claim
of the counsel for the applicant that other empties were not matched with the crime weapon of the applicant,
the learned APG argued that at the place of incident the accomplice of the applicant was also present and he
was firing from his weapon who made his escape good. It is not the case of the prosecution that all empties
sent for examination were fired from the weapon of the applicant but in the report the examiner has
distinguished all empties with clear report that one of the empties was fired from the weapon of the
applicant which is enough to make out a case under the Sindh Arms Act as it is an admitted fact that the
applicant failed to show any license. He vehemently opposed the contention of the learned counsel for the
applicant that the weapon was foisted by the police which is common allegation or a common defence of all
accused persons in the like cases. It was further contended that the definition of firearms is very vast and
extended which includes the pistol also. It is not the intention of the lawmaker to let free a person only for the
reasons that the pistol is included in the definition of arms and not in the firearms. He further argued that if
this argument of learned counsel is accepted then no person shall be punished under section 23 if arrested
with an unlicensed pistol/weapon.
5.
Heard the arguments. Let me first engage in the most crucial point which relates to the definition of
"Ammunition" "Arms" and "Firearms" provided under the Sindh Arms Act. The learned counsel for the
applicant made reliance on two reported orders passed by the learned judges of this court and developed his
argument that since pistol is provided within the definition of arms and not in the definition of firearms,
hence section 23 does not apply. It was contended that punishment of possessing arms or ammunition
licensed or unlicensed with the aim to use them for any unlawful purpose is punishable to ten years so the
case of applicant comes within the premise of section 24 of the Act and not under section 23 and for granting
the bail, the lesser punishment should be considered. In order to thrash out the present controversy to its
logical end, it would be expedient and advantageous to reproduce the following definitions provided under
section 2 of the Sindh Arms Act 2013:-"(b)

ammunition means ammunition for any firearm, and includes-

(i)

rockets, bombs, gun powder, shells, detonators, cartridges, grenades;

(ii)

articles designed for torpedo service and submarine mining;

(iii)
other articles containing, or designed or adapted to contain, explosive, fulminating or fissionable
material or noxious liquid, gas etc. whether capable of use with firearms or not;

19/08/2015 08:52

Case Judgement

4 of 9

http://pakistanlawsite.com/LawOnline/law/content21.asp?Casedes=201...

(iv)

charges for firearms and accessories for such charges;

(v)

fuses and friction tubes; and

(vi)

parts and machinery for manufacturing ammunition;

(c)
arms means articles, designed as weapons of offence or defence and includes rifles, pistols, revolvers,
grenades, swords, bayonets, and other lethal weapon. It shall also include machinery (and its parts) for
manufacturing arms, but excludes articles designed solely for domestic or agricultural purposes and weapons
incapable of being used otherwise that as toys or of being converted into serviceable weapon;
(d)
firearms means weapons designed to discharge a projectile or projectiles of any kind by the action of
gun powder or any explosive or other forms of energy and includes(i)
artillery hand-grenades, riot-pistols or weapons of any kind designed for the discharge of any noxious
liquid, gas etc;
(ii)

accessories for any such firearm, intended to diminish the noise or flash caused by the firing thereof;

(iii)

parts of, and machinery for manufacturing fire-arms; and

(iv)

carriages, platforms and appliances for mounting, transporting and serving artillery;

6.
In the same context, I would also like to reproduce sections 3, 23, (relevant portion) 24 and 25 of the
Sindh Arms Act 2013 which will be relatively useful for ready reference:-"3. (1) No person shall acquire, possess, or carry any firearm and ammunition unless a licence is
issued to him in accordance with the provisions of this Act and the rules:
Provided that a person may, without himself holding a licence, carry any firearm or ammunition in the
presence, or under the written authority of the holder of the licence, for repair or for renewal of the licence or
for use by such holder.
(2)
The number of firearms to be allowed to any person, at any time, shall be in accordance with the rules
so prescribed.
23 (1) Whoever(a)
acquires, possesses, carries or control any firearm or ammunition in infringement of section 3, shall
be punishable with imprisonment for a term which may extend to fourteen years and with fine;
(b)

(c)

..

(24)

Whoever possesses arms or ammunition licensed or unlicensed with the aim to use them for any

19/08/2015 08:52

Case Judgement

5 of 9

http://pakistanlawsite.com/LawOnline/law/content21.asp?Casedes=201...

unlawful purpose or to facilitate any other person to use them for any unlawful purpose shall, whether such
unlawful purpose has been materialized or not, the license holder, the user and the person who has no license,
be punishable with imprisonment for a term which may extend to ten years and with fine.
(25)
Whoever uses or attempts to use firearm licensed or unlicensed or an imitation firearm with the
purpose to commit any crime, any unlawful act or to resist or prevent his lawfull arrest or detention or of any
other person shall be punishable with imprisonment for a term which may extend to ten years and with fine."
7.
The Sindh Arms Act, 2013 according to its preamble has been made and disseminated to reform the
legislation pertaining to arms and ammunition in the province of Sindh with the aims and objects to curb the
proliferation of arms and ammunition, whether licensed or not, which disrupts the social harmony and vitiates
the law and order affairs and directly contributes to the barbarity of violence. It is quite well known to all that
menace of terrorism, fear and threat to life, exacerbated law and order situation is rampant and proliferating
in the province. The ratio of target killing, cell phones snatching and other street crimes is increasing
day by day and law enforcement agencies are endeavoring and striving to control and handle the
situation. To cater the need of time law has been enacted with different punishments for different offenses
provided in the different sections of the Act, 2013. At times certain laws are considered draconian but
sometimes laws are made as a need of time to safeguard larger public interest and for showing and exposing
deterrence so that increasing rate of crimes menacing evil in the society may be prevented which is found
more dangerous than the cancerous disease. By saying so I do not mean to hold that under no circumstances
bail should be allowed under this law rather than I mean to hold that while granting bail in this law each case
is required to be considered strictly on its own peculiar and distinctive facts and circumstances which is
otherwise a general principle of administration of criminal justice.
8.
The definition of ammunition, arms and firearms are separately provided under the Act of 2013. The
purpose of highlighting the definition of ammunition, arms and firearms vis-a-vis sections 3, 23(1)(a), 24 and
25 in this order is to distinguish and singularize the different conditions, parameters and bounds in the
aforesaid sections. If we first look into section 23(1)(a), it is an offence for those who acquires or possesses
or carries or control any firearm or ammunition in infringement of section 3. The punishment of this offence
may extend to 14 years with fine. The said offence is directly linked with the infringement of section 3 which
provides that no person shall acquire, possess or carry any firearm and ammunition unless a license is issued
to him in accordance with the provisions of the Act and the rules. The definition of firearm provided under
the definition clause of the Act has also very extended scope which means that any weapon designed to
discharge a projectile or projectiles of any kind by the action of gunpowder or any explosive or other energy
and also includes various other weapons provided in the definition itself from clauses (i) to (iv) and
ammunition means ammunition and any firearms which includes other articles and weapons provided in
clauses (i) to (vi) in the definition clause. While the definition of arms means articles, designed as weapons of
offence or defence and includes rifles, pistols, revolvers, grenades, swords, bayonets and other lethal
weapon, including machinery (and its parts) for manufacturing arms. The definition of Arms provided
under Pakistan Arms Ordinance, 1965 is also reproduced as under which includes:-(i)

cannon;

(ii)
firearms of all types, such as light and heavy automatic and semi-automatic weapons, rifles, carbines,
muskets, shot guns (whether single or double barreled), revolvers, pistols and appliances the object of which
is the silencing of firearms;
(iii)

air pistols, bayonets, swords, sword-sticks, daggers, knives with blades of four inches or more (but

19/08/2015 08:52

Case Judgement

6 of 9

http://pakistanlawsite.com/LawOnline/law/content21.asp?Casedes=201...

not kitchen knives or knives used in good faith for the carrying on of a profession) and flick knives
irrespective of the size of the blade.
(iv)

knuckle-dusters, spears, spear-heads, bows and arrows and parts of arms;

9.
Though the definition of firearms is provided under the Act of 2013 itself, but in order to thrash out
the definition of firearms in different foreign jurisdictions, I also consulted Black's Law Dictionary, Forensic
Science in Criminal Investigation and Trials" Fourth Edition By B.R. Sharma and Archbold 2014. Archbold
Criminal Pleading, Evidence and Practice (usually referred to as simply Archbold) which is a leading
practitioners' text for criminal lawyers in England and Wales and several other common law jurisdictions
around the world. The relevant excerpts are reproduced as under:-(a)
Black's Law Dictionary. (Sixth Edition). Firearm.---An instrument used in the propulsion of sot, shell
or bullets by the action of gunpowder exploded within it. This word comprises all sorts of guns, fowlingpieces, blunderbusses, pistols, etc. In addition, grenade shells, fuses, and powder may be considered
"firearm" even though disassembled. U.S. v. Shafer, C.A.III, 445 F.2d 579, 583. The term "firearm" means
any weapon which is designed to or may readily be converted to expel any projectile by the action of an
explosive; or the frame or receiver of any such weapon. 18 U.S.C.A.
(b)
Forensic Science in Criminal Investigation & Trials Fourth Edition by B.R. Sharma.---A firearm is a
device to hurl a projectile or projectiles. The force is supplied by the creation and expansion of gases usually
from the burning of powder charge. In air rifles and pistols the motive force is given to projectiles by the
expansion of compressed air. According to Indian Arms Act, a firearm means arm of any description,
designed or adapted to discharge a projectile or projectiles of any kind by the action of any explosive or other
forms of energy and includes Artillery, hand grenades, riot pistols or weapons of any kind designed or
adapted for the discharge of any noxious liquid, gas or other such things. Accessories for any such firearm
designed or adapted to diminish the noise or flash caused by the firing thereof. Parts of and machinery for
manufacturing firearms and cartridges, platforms and appliances for mounting, transporting and servicing
artillery. A firearm has a barrel, an action and a stock. The barrel of firearm provides space for the expansion
of gases and a housing (chamber) for the cartridge in most of the firearms. The chamber is on one end
of the barrel. The bore and the chamber are connected in many firearms through a tapering surface called
'lead'. The action consists of the mechanism for loading, firing, extraction and ejection of the cartridges, the
magazine and the safety devices, if any. The arrangements for the location of the devices vary in different
firearms. The stock of a firearm holds the other parts in position and provides support for firing purposes. In
automatic and semi-automatic pistols, the stock also carries the magazine.
(c)
According to Section 57 of the Firearms Act, 1968. (ARCHBOLD 2014, Page. 2293), the expression
"firearm" means a lethal barreled weapon of any description from which any shot, bullet or other missile can
be discharged and includes any prohibited weapon, whether it is such a lethal weapon as aforesaid or not; and
any component part of such a lethal or prohibited weapon; and any accessory to any such weapon designed or
adapted to diminish the noise or flash caused by firing the weapon while the expression "ammunition" means
ammunition for any firearm and includes grenades, bombs and other like missiles, whether capable of use
with a firearm or not, and also includes prohibited ammunition.
10.
The definition of firearms in the 2013 Act means the weapons designed to discharge a projectile or
projectiles of any kind by action of gunpowder, therefore, It is also necessary to look into the actual meaning
of projectile. In this regard, let me also reproduce the meaning of projectile mentioned in Chambers 21st
Century Dictionary and Firearms in Criminal Investigation and Trials, Fourth Edition, By B.R. Sharma:--

19/08/2015 08:52

Case Judgement

7 of 9

http://pakistanlawsite.com/LawOnline/law/content21.asp?Casedes=201...

(i)
Firearms in Criminal Investigation and Trials, Fourth Edition, by B.R. Sharma. Projectiles are pellets,
buck shots, balls, bullets, etc., intended to cause injuries. They are hurled out by the gases produced by the
propellants on discharge of a firearm. They vary in constructional materials, shapes and sizes and in their
ballistics. The projectiles used in firearms have undergone the usual evolution. The first projectile for the
firearm was probably a stone of convenient size.. Lead, almost the original material used for the projectiles
was found indispensable, though for high velocity projectiles it was covered with a harder metal jacket. The
most suitable material, however, for the construction of projectiles continues to be lead. It has a high specific
gravity...
(ii)
"Projectile". (Chambers 21st Century Dictionary). (Revised Edition). "an object designed to be
projected by an external force, e.g. a guided missile, bullet, etc. capable of being, or designed to be, hurled.
11.
Now it is clear that projectile is an object designed to be projected by an extra-ordinary force for
example guided missile, bullet etc. and the projectile means pellets, buck shots, balls, bullets, etc., intended to
cause injuries, which are hurled out by gases produced by the propellants on discharge of a firearm. With all
humility and self-effacement, I am unable to subscribe the view taken in both the case law cited by the
learned counsel for the applicant. Even if the ratio of both the cited orders is taken as persuasive value then in
my view no case will be made out under section 23(1)(a) of the Act in the case of recovery of pistol which
will in fact make this section redundant and or superfluous and nobody will be punished if he possesses any
pistol without license. If any such inference is drawn it will lead to an absurd and irrational interpretation of
law. While considering rigors and effect of section 23(1)(a) of the Act, there is no rational to peep into the
definition of arms but the definition of firearm should be considered separately, which includes any weapon
designed to discharge a projectile or projectiles of any kind by the action of gunpowder or any explosive or
other firearm of energy and there is no doubt that the pistol is also a firearm, no matter it is also included in
the definition of arms with other list of weapons.
12.
What is the mark of distinction stuck between sections 23, 24 and 25 of the Act, 2013 in sequence?
Section 23(1)(a) makes a person punishable with imprisonment for a terms which may extend to fourteen
years and with fine for acquiring, possessing, carrying or control any firearm without a valid license. While
section 24 is applicable on both situations whether a person hold a license or not, but if he uses the weapon
for any unlawful purpose, he would be punishable with imprisonment for a terms which may extend to ten
years and with fine. Whereas section 25 is relevant to firearm whether licensed or unlicensed or imitation
firearm which is used to commit or attempt to use to commit any crime or any unlawful Act or to resist his
lawful arrest or detention, which is also punishable with imprisonment for a term which may extend to ten
years and with fine. Let me make more emphasis that sections 23(1)(a), 24 and 25 all have altogether
different premise and foundation but in the case in hand, section 23(1)(a) is under discussion. Though for
sections 24 and 25, maximum punishment may be extended up to ten years but the wisdom and intention
behind this legislation especially to section 23(1)(a) seems to have flashed some extra caution and deterrence
to discourage the fashion and trend of freely carrying unlicensed weapon and in order to curb and rein in it,
the legislature has fixed the punishment of this offence greater than sections 24 and 25, which may extend to
14 years with fine. The law is clear without any shadow of doubt that if a person is arrested with
unlicensed weapon and he also uses it for any unlawful purpose or act, he may be also charged under sections
24 and 25 conjoin with section 23(1)(a) as the case may be. So in my view, while deciding the bail
application this distinction needs to be drawn keeping in view the discrete premise of these sections.
13.
The Sindh Arms Act, 2013 is a special law in which under section 13, the offences are triable by court
of Sessions and all offences under this Act are non-bailable. I have also come across to some stereotype bail

19/08/2015 08:52

Case Judgement

8 of 9

http://pakistanlawsite.com/LawOnline/law/content21.asp?Casedes=201...

orders in which due to non-compliance of section 103 Cr.P.C. bails were granted without perceiving, whether
section 103 Cr.P.C. is literally applicable or not? Despite the fact that section 34 of the Act of 2013 made it
amply clear that the arrest and search under this Act shall be executed in line with the provisions of Cr.P.C.
except section 103, Cr.P.C. however, proviso has been added that any police officer or the person present on
the spot can be witness of search and recovery. It is clear from the letter of the law that compliance of section
103, Cr.P.C. is not mandatory and the police officer can also be a witness of search and recovery including
the person present on the spot. The exclusion of rigidities of section 103, Cr.P.C. from this Act is not novel,
but the similar provision is already available under section 25 of the Control of Narcotic Substances Act,
1997, therefore in my view, the bail under this Act may not be granted solely for the reason that section 103,
Cr.P.C. was not complied with which is already excluded. It seems from the legislative intent that the
exclusion or non-adherence to section 103, Cr.P.C. was purposely made for the reason that in the present law
and order situation, people normally avoid to give evidence due to fear and threat. However, in the history of
Pakistan, the province of Sindh took the lead and promulgated Sindh Witness Protection Act, 2013 which
would ensure complete social and financial help and protection to the witnesses in the criminal cases,
however, it has not been implemented up till now but it is under rule making process. One more facet of this
law is section 26 which has been made in order to discourage fake and vexatious arrest, recovery and seizure.
Under this section, responsible person of a fake and vexatious arrest may be punished with the imprisonment
which may extend to three years with fine so in the case of any vexatious arrest, recovery and seizure, the
court must invoke this provision into motion as a remedial measure to alleviate and or ventilate the mental
agony and miseries of a victim which would be in addition to a civil right of claiming damages/compensation
by any such aggrieved person on account of malicious prosecution.
14.
So far as the merits of this case is concerned, it is clear that the applicant was arrested on the spot and
he was carrying .30 bore pistol No.2335, with loaded magazine contained two live cartridges and one live
bullet chamber loaded, which was recovered in presence of private witness Faisal, who was robbed by the
applicant for which separate F.I.R. No.55/2014 was also lodged under sections 392, 324, 353 and 34, P.P.C.
The examination report dated 1-4-2014 shows that one crime empty Exhibit as C1 was fired from the .30
bore pistol No.2335 which was recovered from the possession of the applicant. Learned counsel for the
applicant argued that other empties were not matched with the weapon of the applicant which is a
misconceived argument. It is clearly mentioned that the accomplice of the applicant Muhammad Naveed was
also firing and in retaliation, police also started firing, due to which the applicant sustained firearm injuries to
his legs and he was arrested on the spot while his companion fled away. Despite all this, learned counsel for
the applicant argued that the accused was arrested empty handed from his house. The statement under section
161, Cr.P.C. of private witness (Muhammad Faisal) is also on record, who was ransacked by the applicant and
his ally. As per memo of arrest and search, besides Rs.1,500 one wallet in which original CNIC of one Talib
Hussain along with Rs.200 and another brown colour wallet with Rs.300 and ATM Card of Bank Al-Habib in
the name of Ziauddin were also found and recovered from the applicant. At least five statements under
section 161, Cr.P.C. are available in the police file. The police sent for examination not only the weapon but
also the three live bullets, cartridges and one of the empties recovered from the place of the incident was
matched with the applicant's weapon. Under section 23(1)(a) a person is liable for the punishment for
carrying unlicensed weapon whether used or not. So at this stage, there is no necessity to indulge in how
many fire shots were made by the applicant particularly under the circumstances when one recovered empty
was duly matched. Reasonable grounds exist that other empties may have been fired by the
accomplice of the applicant, who was fled away from the scene of the incident. At the same time police
had also made firing for their self-defence and to arrest the applicant and his ally. Ample material is
available on record to connect the applicant with the crime in question. So I am of the tentative view
that the applicant is not entitled to the concession of bail at this stage.

19/08/2015 08:52

Case Judgement

9 of 9

http://pakistanlawsite.com/LawOnline/law/content21.asp?Casedes=201...

15.
In the wake of above discussion, this bail application is dismissed. However, the trial Court is directed
to expedite the trial and pass the judgment on merits within a period of three months.
MH/S-81/Sindh

Bail dismissed.

19/08/2015 08:52