ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl.B.A.No. S - 193 of 2020.

For Hearing of bail application

01.06.2020

Mr. Muhammad Ibrahim Gambhir Advocate for applicants

Mr.Abdul Rehman Kolachi DPG for the State

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Irshad Ali Shah, J;- On arrest from the applicant were secured huge quantity of unlicensed arms and ammunitions as is detailed in FIR, for that he was booked and reported upon by the police.

2. The applicant on having been refused bail by learned Incharge IVth Additional Sessions Judge, Khairpur has sought for the same from this Court by way of instant application u/s 497 Cr.P.C.

3. It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police by making foistation of arms and ammunitions upon him at the instance of his enemies; there is no independent witness to the incident and applicant is in custody for about two months, therefore, he is entitled to be released on bail on the point of further inquiry.

4. Learned DPG for the State has opposed for grant of bail to the applicant by contending that he has committed the offence which is affecting the society at large.

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

6. The name of the applicant is appearing in FIR with specific allegation that he was found to be in possession of unlicensed huge quantity of arms and ammunitions, with remote chance of its foistation. In that situation, it would be premature to say that the applicant being innocent has been involved in this case falsely by the police at the instance of his enemies. It is true that there is no independent witness to the incident but there could be made no denial to the fact that the police officials are as good witnesses as others until and unless some malafide is alleged and then is proved against them, same obviously is lacking in the present case. The evidence of the police officials even otherwise could not be disbelieved by this Court at this stage. The applicant may be in custody for about two months but two months time is too short to make a conclusion that it is a case of hardship. There appear reasonable grounds to believe that the applicant is guilty of the offence with which he is charged.

7. In view of the above, it could be concluded safely that no case for grant of bail is made out. Consequently, the instant bail application is dismissed.

Judge

ARBROHI