IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-417 of 2018

Applicant               :                         Sardar Khan son of  Ahmed Jatoi, Through Mr.Sabir Ali Shaikh, Advocate

State                          :                       Through Mr.Sharafuddin Kanhar, A.P.G,

Date of hearing      :                       10.09.2018             

Date of order          :                       10.09.2018                         

O R D E R

IRSHAD ALI SHAH, J.- It is alleged that on arrest from the applicant was secured one unlicensed repeater gun of 12 bore with four live cartridges and one pistol of 30 bore with five live bullets by police party of P.S Market, led by ASI Ali Bux Jalbani, for that the present case was registered.

2.                    On having been refused post-arrest bail by learned trial Court, the applicant has sought for the same from this Court by way of instant application under section 497 Cr.PC.

3.                    It is contended by learned counsel for the applicant that the applicant being police constable has been involved in this case falsely by the complainant on account of official rivalry; there is no independent witness to the incident, the offence is not falling within prohibitory clause. By contending so, he sought for release of applicant on bail, as according to him his case is calling for further enquiry. In support of his contention, he relied upon case of Ayaz Ali vs. the State (PLD 2014 Sindh-282).

4.                    Learned A.P.G has opposed to grant of bail to the applicant by contending that the case is ripe for evidence.  

5.                    I have considered the above arguments and perused the record.

6.                    There is no independent witness to the incident, the case has finally been challaned, there is no apprehension of tampering with the evidence on part of the applicant, the applicant is in custody for about two months. In these circumstances, it is rightly being contended by learned counsel for the applicant that the applicant is entitled to be released on bail on point of further enquiry.

7.                In view of facts and reasons discussed above, the applicant is admitted to bail subject to his furnishing surety in the sum of Rs.50,000/- and P.R bond in the like amount to the satisfaction of learned trial Court.  

8.                Above are the reasons of short order dated 10.09.2018, where by the applicant was admitted to bail.

                                                                            J U D G E