MUHAMMAD AKHTAR vs THE STATE
This matter arose from a bail application filed by the applicant, who was accused of possessing an unlicensed Kalashnikov (K.K.) recovered from a bush on the bank of Rohri Canal while in police custody for a murder case. The core legal questions before the High Court were whether the applicant was entitled to post-arrest bail given his two-year custody without any progress in the trial, and whether the recovery of the weapon from an open, accessible place constituted exclusive possession. The Sindh High Court held that since the applicant had already been granted bail in the main murder case, had remained in custody for nearly two years without trial progress, and the recovery site was not in his exclusive possession but accessible to the public, he was entitled to bail. The court laid down the principle that recovery of an illicit weapon from an open, publicly accessible place does not prima facie establish exclusive possession for the purpose of denying bail, especially where trial progress is unreasonably delayed.
- Whether recovery of an illicit weapon from an open place accessible to the general public constitutes exclusive possession of the accused for the purpose of denying bail?
- Can an accused be granted bail in a recovery case under the Pakistan Arms Ordinance 1965 if they have already been granted bail in the main murder case?
- Does an unexplained delay of two years in the progress of a trial justify the grant of post-arrest bail to an accused?
- Section 13, Pakistan Arms Ordinance 1965
ORDER
1. ' ALI SAIN DINO METLO, J.---Heard Mr. Manzoor Hussain Larik Advocate for the applicant and Mr. Imtiaz Ali Soomro Asstt. A.-G. For the State. The latter does not oppose the bail seriously.
2. ' According to prosecution: on _ 28-1-2007, the applicant, while in custody of police in a murder case led to recovery of K.K from a bush on the Bank of Rohri Canal. The applicant has remained in custody for about two years without any progress in the trial. The trial Court while granting bail to the applicant in the murder case has refused bail in the case of recovery of K.K. Under section 13 of Pakistan Arms Ordinance, 1965.
3. In view of the above mentioned facts and circumstances, holding when the applicant has been granted bail in main murder case and he has remained in custody for about two years without any progress in trial and the place from where K.K was recovered was not in the exclusive possession of the applicant and was accessible to everybody, he is directed to be released on bail on giving one surety in the sum of Rs,100,000 (Rupees One Hundred Thousand) only and personal bond in the like amount to the satisfaction of the trial Court.