Latest bail authority on 23(1) SAA.

Latest bail authority on 23(1) SAA. (Mujjan Ali Panhwar)

S. 497---Penal Code (XLV of 1860), Ss. 353, 324 & 34---Anti-Terrorism Act (XXVII of 199 7), Ss. 6 & 7---Sindh Arms Act (V of 2013), S. 23A---Assault or criminal force to deter public servant from discharge of his duties, attempt to commit qatl-i-amd and common intention, possessing of arm and act of terrorism---Bail after arrest, grant of---Contention of complainant was that accused was arrested on the spot with an unlicensed pistol and was nominated with specific role of making firing upon police, as such he was not entitled to be released on bail---Accused plea was that no independent person was cited as mashir or witness and he was a poor fisherman and that police used to demand fish from him without paying money and on his refusal he had been falsely implicated---Validity---Bail of accused could not be withheld as punishment being offence falling under prohibitory clause of S. 497, Cr.P.C.---High Court observed that accused was arrested after firing on police but it was very astonishing that exchange of firing between accused and police lasted for considerable time in which only accused had sustained injuries and neither police nor their official vehicle was hit and even a single scratch was not caused to motorcycle allegedly recovered from the accused---Ballistic examination report of pistol recovered from accused and empty shells of same, were shown to have been collected from place of incident were also not available in police file and such facts created the prosecution case apparently doubtful---Case registered under S. 23A(i) of Sindh Arms Act, 2013 against the accused was an off shoot of main case---Very presence of accused with alleged weapon was a matter of further inquiry---Accused was granted post-arrest bail, accordingly.

2016 PCrLJN 54 KARACHI-HIGH-COURT-SINDH
Side Appellant : JAVED
Side Opponent : State