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Petitioner: GHULAM QADIR VS Respondent: StateHonorable Justice Muhammad Moosa K. LeghariSalahuddin Panhwar,Rasheed A. Qureshi, Asstt. A.-G.
2005 Y L R 3225
2005 Y L R 3225
[Karachi]
Before Muhammad Moosa K. Leghari, J
GHULAM QADIR---Applicant
Versus
THE STATE---Respondent
Criminal Bail Application No.366 of 2005, decided on 28th July, 2005.
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), S.400---Bail, grant of---Accused had been roped in by police in the case on allegation that he belonged to a gang of dacoits as three chits allegedly written by notorious dacoit to various persons were found in his possession---Present case was absolutely of no evidence---Guilt of accused could only be brought home, if alleged chits were proved to have been written by notorious dacoit, named in F.I.R. and were handed over to accused for distribution/service---Was beyond reach of police to produce such dacoit in evidence to prove his handwriting and. signatures---Due to inaptness, ignorance and incompetence on the part of Court which passed the impugned order, such aspect of case went out of its mind, which Court ought to have attended to---Accused was granted bail, in circumstances.
Salahuddin Panhwar for Applicant.
Rasheed A. Qureshi, Asstt. A.-G. for the State.
Date of hearing: 28th July, 2005.
ORDER
MUHAMMAD MOOSA K. LEGHARI, J.---The applicant has been roped by the police in a case Crime No.20 of 2005, Police Station Shahdadpur registered under section 400, P.P.C., A alleging that he belonged to the gang of dacoit, as three chits allegedly written by the notorious dacoit to various persons were found in his possession.
Learned A.A.-G. though feeling himself uncomfortable, supported the order passed by learned Incharge Additional Sessions Judge, Shahdadpur, whereby he rejected the bail of the applicant on the ground that since he was found in possession of chits and was also involved in a case of similar nature registered in the year 2002.
Learned counsel for the applicant has stated at the bar that the accused/applicant stood acquitted in the said case.
Bare perusal of the F.I.R. would tentatively reveal that this is a absurd case of absolutely no evidence. The guilt of the applicant can only be brought home, inter alia, if the chits are proved to have been written by the notorious dacoit, named in the F. I. R. and were handed over by him to the applicant for distribution/service. It is not understandable as to how the prosecution can prove the above facts. Whether the said dacoit has been cited as P.W. or whether his attendance could be secured by the police or trial Court for recording such evidence positively. Such task appears to be beyond the reach of the police either to produce such dacoit in evidence to prove his handwriting and the signatures. Unfortunately due to ineptness, ignorance and incompetence on the part of Additional Sessions Judge who passed the impugned order, such aspect of the case went out of his mind, which he ought to have attended to, as a Senior Judicial Officer.
Under these circumstances, the applicant is granted bail in the sum of Rs.50,000 (fifty thousand) and P.R. bond in the like amount, to the satisfaction of trial Court.
Before parting with this order, it must be observed that such cases nowa days are being frequently registered by the police and the lower judiciary appears to have become only a silent spectator. This is sorry state of affairs. The Judge concerned failed to discuss the citations referred before him, which is again an undesirable act on his part. In the circumstances, the Judge needs strong note of caution to be careful, which should be conveyed to him under intimation to this Court.
H.B.T./G-64/K Bail granted.