| Citation(s) |
|---|
| 2025 SLG 3611 2025 SLD 3611 = 2025 SHC 1724 |
Criminal Bail Application No.1423 of 2025
Mr. Justice Muhammad Hasan (Akbar)
Applicant : Nabeel son of Doshambay Through Abdul Hafeez, Advocate Respondent: Through Ms. Rubina Qadir, Addl. P.G, Sind and Mr. Qamaruddin, Deputy Prosecutor General, Sindh
Law: Code of Criminal Procedure, 1898
Section: 103,497
Summary:
Muhammad Hasan (Akbar) sought post-arrest bail in a case registered under Section 8(i) of the Gutka Mawa Act, 2019 at P.S Baghdadi Lyari, Karachi. The bail was previously recalled by the trial court. The applicant was accused of possessing a substantial quantity of alleged material (230 pieces, approx. 10 kg). However, it was noted that no private witnesses were involved in the recovery process, only police officials. The maximum punishment under the section is imprisonment up to 3 years, which is not a prohibitory clause offense under Section 497 Cr.P.C. The court followed precedent from higher courts emphasizing the right to bail in such cases, unless strong reasons to deny bail exist. The bail application was allowed subject to surety and P.R. bond.
Core Points:
- Applicant seeks post-arrest bail after previous bail order was recalled.
- Case under Section 8(i) of Gutka Mawa Act, 2019; alleged recovery of 230 pieces weighing approx. 10 kg.
- No private witnesses involved in arrest/recovery; only police officials present.
- Chemical examination was only done on 5 packets out of 225.
- Weight measurement and procedural concerns raised by defense.
- Maximum punishment is 3 years imprisonment, fine of Rs. 200,000.
- Since offense is not under the prohibitory clause of Section 497 Cr.P.C., bail is generally a right.
- Prosecution failed to show grounds such as likelihood of absconding, tampering evidence, or repeating offense.
- Bail granted subject to surety of Rs. 50,000 and P.R bond.
- Observations are tentative and do not influence the trial court’s merits decision.
Law and Sections Table:
| Law/Section | Description | Relevance in Case |
|---|---|---|
| Section 8(i) of c Mawa Act 2019 | Punishment for violating Section 4 of the Act; up to 3 years imprisonment and fine | Applicable charge against applicant for possession/recovery of material |
| Section 103 Cr.P.C. | Requirement of independent witnesses (private persons) in recovery cases | Not complied with; no private witnesses present during recovery |
| Section 497 Cr.P.C. | Prohibitory clause restricting grant of bail in serious offenses | Case does not fall under this prohibitory clause; bail is a right |
| Case Law: Shaikh Abdul Raheem v. The State and others, Muhammad Tanveer v. State, Zafar Iqbal v. Muhammad Anwar, Shahmoro v. The State, Tarique Bashir v. State | Judicial precedents supporting grant of bail where offense punishable up to 3 years and no prohibitory clause | Cited for legal principle of bail entitlement in present case |
| Supreme Court Order Muhammad Imran v. The State (05.08.2021) | Grounds for denial of bail require material showing risk of absconding, tampering, or repetition of offense | Applied to evaluate bail eligibility of the applicant |
| Section 497 Cr.P.C. | Bail prohibition in serious offenses | Bail prohibited only in offenses listed under this section |
O R D E R