MUHAMMAD MURAD Versus State
ORDER
KHADIM HUSSAIN M. SHAIKH, J.--- By means of this bail application, applicant Muhammad Murad, seeks his pre-arrest bail in the case, emanating from Crime No.33 of 2019, for offence under sections 337-J, 269, 273, P.P.C. registered at Police Station Khipro, after his plea for pre-arresttbail has been declined by dismissing his Criminal bail application vide order dated 11.02.2020, passed by the learned Additional Sessions Judge Khipro.
2. Briefly, the facts of the prosecution case are that on 18.03.2018, a police party headed by complainant A.S.I Rasool Bakhsh Gaju while on patrolling duty on a tip-off went to the pointed place namely Village Dadyo Dars near Nara Canal patri, where they found a person having two small katas (sacks), who on enquiry disclosed his name as Muhammad Murad son of Muhammad Ibrahim Dars ["the applicant"]. The police recovered the said two Kattas (sacks) of them one Katta (Sack), containing 20 packets and one Katta (Sack), containing 30 packets of ADAM Gutka, each packet contained 100 puries, total 5000 puries, which were sealed at the spot and the applicant was arrested. Such mashirnama of arrest and recovery was prepared at spot in presence of mashirs namely PC Muhammad Kamil and PC Noor Muhammad. Then the recovered contraband substance and arrested accused were brought at Police Station Khipro, where the subject FIR was registered on behalf of State. After the investigation, the applicant was sent-up with the challan to face his trial. The bail application moved by the applicant has been dismissed by the learned Additional Sessions Judge Khipro vide order dated 11.02.2020, hence this bail application.
3. The learned counsel for the applicant has mainly contended that nothing was recovered from the applicant and the aforesaid contraband substance has been foisted upon him; that all the PWs are police personnel and no independent person is cited as witness or mashir by the police, and, that the case requires further inquiry into the guilt of the applicant. The learned counsel prays that interim pre-arrest bail earlier granted to the applicant may be confirmed. The learned counsel has placed his reliance on orders passed by this Court in Criminal Bail Application No.S-1222 of 2019, Criminal Bail Application No.S-1041 of 2019, Criminal Bail Application No.S-1042 of 2019, Criminal Bail Application No.S-1043 of 2019, Criminal Bail Application No.S-1209 of 2019 and Criminal Bail Application No.S-1041 of 2019.
4. Learned Assistant Prosecutor General, has mainly contended that the applicant is nominated in the FIR and huge quantity of "5000 Puries of Adab Gutka", valuing lacks of rupees, which is injurious, spreading infection and dangerous diseases to the human beings, has been recovered from the applicant; and, that there is no mala fide or question of false implication of the applicant in this case involving such huge quantity of contraband substance. Learned Assistant Prosecutor General, prays for dismissal of bail application.
5. I have considered the submissions of the learned counsel for the applicant and the learned Assistant Prosecutor General, and have gone through the material brought on the record and the police file with the assistance of learned Assistant Prosecutor General.
6. From a perusal of the record it would be seen that this case involves recovery of two Katta (Sacks), contained 5000 puries of ADAB Gutka, which is dangerous substance injurious to the health of the human beings, spreading deadly diseases and such huge quantity of substance, could not be foisted upon the applicant, more particularly, in view of the fact that no mala fide or ill will against the police prima facie is established by the applicant; P.Ws in their statements recorded under section 161, Cr.P.C., have supported the version of the complainant; there is sufficient material available with the prosecution to connect applicant Muhammad Murad with this heinous crime against the society and in my humble view, the bail cannot be claimed as matter of right in the cases like case one in hand, involving such huge quantity of contraband substance which needless to say is more dangerous than narcotics, as it is known to cause a major life threatening disease mouth cancer and serious disease oral submucous fibrosis; this disease does not regress and has no known cure and this crime against the society is affecting the public at large, ruining the people of young age and mostly the poor families, on loosing their breadwinners and by selling their entire valuable belongings, spent that money in their treatments etc; the offence under section 337-J, P.P.C. carrying punishment upto ten (10) years falls within the prohibitory clause of section 497, Cr.P.C.. Under these circumstances, I am of the considered view that applicant Muhammad Murad has failed to make out his case for grant of extraordinary concession of pre-arrest bail, more particularly, in view of the fact that ingredients for grant of pre-arrest bail as laid down by the Hon'ble Supreme Court of Pakistan are completing lacking in this ease. In Criminal Petitions Nos.197-K to 204-K, 211-K to 221-K and 230-K of 2019 (Gulshan Ali Solangi and others v. The State) decided on 05-12-2019, has held that:
"Grant of pre-arrest bail is a remedy rooted into equity; at a cost to hamper the investigation, this judicial protection is extended, solely to save the innocent from the horrors of abuse of process of law with a view to protect his dignity and honour. It cannot be granted in every run of the mill criminal case, particularly to the accused confronting prima facie charges structured upon material/evidence, warranting custody, that too, on the basis of positions/pleas, verification whereof; is consequent upon recording of evidence."
In case of Rana Abdul Khaliq v. The State and others (2019 SCMR 1129), wherein the Hon'ble Supreme Court of Pakistan has held that:
"Grant of pre-arrest bail is an extra-ordinary remedy criminal jurisdiction; it is diversion of usual course of law, arrest in cognizable cases; a protection to the innocent being bounded on trump up charges through abuse of the process of law, therefore a petitioner seeking judicial protection is required to reasonably demonstrate that intended arrest is calculated to humiliate him with taints of mala fide; it is not a substitute for post arrest bail in every run of the null criminal case as it seriously hampers the course of investigation."
The decisions quoted at bar by the learned counsel for the applicant being distinguished on facts and circumstances are not helpful for the applicant.
7. In view of what has been stated above. this bail application having no merit is dismissed and ad-interim pre-arrest bail earlier granted to the applicant vide order dated 18.02.2020 is hereby re-called. Applicant Muhammad Murad is directed to surrender himself before the learned Trial Court. However, the learned trial court is required to conclude the trial preferably in one month from the date of accused Muhammad Murad's surrendering himself before it.
8. Needless to add that the observations made hereinabove are tentative in nature only for the purpose of deciding this bail application, which shall not influence the learned trial court at the time of final decision of the subject case.
SA/M-175/Sindh Bail declined.