| Citation(s) |
|---|
| 2010 SLG 2799 = 2010 SLD 2799 = 2010 MLD 173 |
Sindh High Court
Criminal Bail Application No. 460 of 2009, decided on 25th June, 2009.
Syed Mahmood Alam Rizvi, J
Criminal Bail Application No. 460 of 2009, decided on 25th June, 2009.
Syed Mahmood Alam Rizvi, J
ZAIN-UL-ABIDIN---Applicant
VERSUS
THE STATE---Respondent
Law:
Section:
SYED MAHMOOD ALAM RIZVI, J.---This bail application is directed against the order, dated 22-1-2009, passed by the learned IVth Additional Sessions Judge, Karachi East in Sessions Case No.121/2008, arising out of F.I.R. No.21 of 2008 under sections 4/5 Explosive Substances Act, registered at Police Station C.I.D., Karachi whereby the bail application of the applicant was rejected. Brief facts of the prosecution case are the applicant along with other accused persons was arrested on 15-2-2008 in Crime No.3 of 2008, under sections 353/324, 34 P.P.C. by C.I.D. Police Sindh Karachi. Subsequently during interrogation on the same day to his pointation police of C.I.D. Sindh Karachi raided a house situated in Korangi, from where two accused person made their escape good, while three were arrested and recovered huge quantity of chemical, and other instruments used in making the Bomb. The case under sections 4/5 Explosive Substances Act was registered. After investigation seven accused persons including the applicant were challaned placed in column No.2 as absconders. Therefore, the charge has been framed, against the applicant and co-accused to which they pleaded not guilty and claimed to be tried about three and half months back, but not a single witness has been examined so far. Learned counsel for the applicant has contended that nothing was recovered from the possession of the applicant. He further contended that it is alleged against the applicant that on his pointation the explosive substances were said to have been recovered from a house where at least five persons were available, out of them two made their escape good, while three were arrested, that mere admission before the police has no value under Articles 38 and 39 of the Qanoon-eShahadat. He further contended that the applicant was already in custody since 41-2008 and he was confined by the Police illegally and the family members of the applicant have also filed applications to the Honourable Chief Justice of Pakistan, Honourable Chief Justice of Sindh High Court, President of Pakistan, Prime Minister, I.G. Sindh, S.H.O. P.S. Gulshan- e-Iqbal, and Sessions Judge, Karachi East from 7-1-2008 to…