ORDER SHEET
IN THE HIGH COURT OF SINDH,
BENCH AT SUKKUR
Cr. Bail. Appln. No. S – 706 of 2018
Date Order
with Signature of Hon’ble Judge
For hearing
of bail application
03-05-2019
Mr. Iftikhar
Ali Arain advocate for applicant.
Syed Sardar Ali Shah, DPG for
the State
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Irshad Ali Shah, J; It is alleged that on arrest from the applicant was
secured unlicensed T.T pistol with magazine containing three live bullets of 30
bore by police party of PS Jangrho led by Inspector Shamsuddin Bahyo for that he was
booked and reported upon.
2. The applicant on having been
refused bail by learned 1st Additional Sessions Judge Sukkur, has sought for the same from this Court by way of
instant bail application u/s 497 Cr.P.C.
3. It is contended by learned
counsel for the applicant that applicant being innocent has been involved in
this case falsely by the police at the instant complainant party of main murder
case; the offence is not falling within prohibitory clause, the case has finally
been challaned, the applicant has already been admitted
to main murder case and the applicant in present case is in custody for about
ten months. By contending so, he sought for release of applicant on bail on
point of further inquiry.
4. Learned DPG for the State has
recorded no objection to grant of bail to the applicant.
5. I have considered the above
arguments and perused the record.
6. Admittedly the case has
finally been challaned and there is no chance of
tempering with the evidence. The applicant has already been admitted to bail in
main murder case and he has been in custody for about ten months. The applicant
has already been admitted on bail in main murder case. In these circumstances,
the applicant is found to be entitled to grant of bail on point of further
inquiry.
7. In view of above, the
applicant is admitted to bail subject to furnishing solvent surety in the sum
of Rs. 50,000/- and P.R bond in the like amount to the satisfaction of learned
trail Court.
8. Instant
Cr. Bail Application is disposed of in above terms.
Judge
ARBROHI