IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 1616 of 2017

Muhammad Irfan Shafiq @ Kamran..…………………...…………………..Applicant

Versus

The State……………………………………….…………..……………….Respondent

Date of Hearing & Order : 10.11.2017

Ms. Irum Rasheed, advocate for the applicant

Mr. Zahoor Shah, DPG

O R D E R

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FAHIM AHMED SIDDIQUI, J: Through the instant bail application, the applicant is seeking his release on bail during trial in a case initiated out of FIR No.138/2017 under Section 23(i)A of Sindh Arms Act at PS Samanabad.

2. Allegation against the applicant is that he was found armed with an unlicenced pistol which was recovered from his possession during routine patrolling in the area by a police party.

3. Heard the arguments and perused the record. I have gathered the following points:-

A) The applicant is shown to be arrested during routine patrolling from a populated area but no one is associated as witness;

B) Recovery of weapon is shown in the memo of arrest and recovery but its description is not mentioned therein;

C) Police has not collected any material regarding involvement of the applicant in other criminal cases;

D) Learned counsel for the applicant has levelled allegation of enmity with police which attracts possibility of false involvement.

4. The upshot of above discussion is that learned counsel for the applicant has succeeded to make out a case of further inquiry. Accordingly, instant bail application is allowed. Applicant Muhammad Irfan Shafiq @ Kamran son of Muhammad Shafiq is admitted to bail subject to furnishing solvent surety in the sum of Rs.50,000/- and PR bonds in the like amount to the entire satisfaction of trial Court.

5. However, if the applicant misuses the concession of bail or fails to appear before trial Court, then trial Court is empowered to take every action against the applicant as well as surety including cancellation of bail without making reference to this Court.

J U D G E