Court rejects bail of `boy` in illicit arms case
By Our Staff Reporter
2024-12-27
KARACHI: A sessions court has dismissed a post-arrest bail application of a boy, who was arrested on Dec 21 in an illicit weapon case.
According to the prosecution, an FIR was registered on behalf of the state on Dec 21, in which the complainant stated that they (the police) had apprehended Muhammad Siddique along with Jehanziab from main University Road near Askari Park. During the search, the police recovered one 32-bore revolver with two live rounds from Siddique.
The applicant Siddique, who is said to be an underage boy had filed a post-arrest bail application through his counsel before Additional District and Sessions Judge (East) Aziz ur Rehman Junejo.
After hearing the prosecutor, Pervez Ahmed Qureshi, and thedefence counsel, the court dismissed the bail application as the defence counsel failed to make out his case for granting bail.
The court observed that an incomplete investigation may hinder the prosecution`s ability to present facts, making a bail decision pre-emptive.
During the arguments, the defence counsel pleaded that his client is a juvenile and due to his detention behind the bars, his future as well as education will be destroyed.
He also argued that nothing had been recovered from his client and alleged that the recovery had been foisted upon him.
He contended that the police failed to present any private witness ofthe arrestandtherecovery ofthe illicit weapon.
However, the court rejected the defence pleas and noted that the matter was under investigation and at present `no report regarding ossi-fication test is available on record hence at this stage it cannot be said thatthe applicantisjuvenile or otherwise`.
It also observed that the argument of false recovery had no force as the applicant had been arrested on the spot and from his possession arms and ammunition were recovered for which he failed to produce a valid licence.
Regarding no private witness included, the court noted: `Such argument is devoid of force for the reason that the recovery was alleged to be taken place at 1[am] therefore, it is possible that no private person was available on the spot on such odd hours of night.
The matter is still under investigation, and the IO has yet to submit a report after the investigation is completed, the court observed, adding that the granting of bail at this premature stage does not seem to be justifiable.