| Citation(s) |
|---|
| 2014 SLG 2273 2014 SLD 2273 2014 PCRLJ 1767 |
Sindh High Court
Criminal Bail Application No. 1413 of 2014, decided on 9th September, 2014. DATE of hearing: 20th August, 2014
MUHAMMAD ALI MAZHAR, J
Muhammad Naeem Memon for Applicant. Saleem Akhtar, Additional Prosecutor-General for the State
Criminal Bail Application No. 1413 of 2014, decided on 9th September, 2014. DATE of hearing: 20th August, 2014
MUHAMMAD ALI MAZHAR, J
Muhammad Naeem Memon for Applicant. Saleem Akhtar, Additional Prosecutor-General for the State
SHAH JAHAN
VS
The STATE
Law:
Section:
(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. 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…
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