ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No. S – 221 of 2020

Date Order with Signature of Hon’ble Judge

1. For Orders on office objection.

2. For hearing of Bail Application

26-06-2020

Mr. Mumtaz Ali Khush Advocate for the Applicant

Mr. Abdul Rahman Kolachi, DPG for the State

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Irshad Ali Shah J;- It is alleged that on arrest from the applicant was secured unlicensed pistol of 30 bore with magazine containing 04 live bullets of same bore by police party of PS Abdul Rahman Unnar led by HC Muhammad Bux, which he allegedly used for abduction of Mst. Soomal, for that the present case was registered.

2. The applicant on having been refused post-arrest bail by learned 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; There is no independent witness to the recovery and he the applicant has already been admitted to bail by this Court in main case of abduction of Mst. Soomal. By contending so, he prayed for grant of post-arrest bail to the applicant on point of further inquiry.

4. Learned D.P.G. for the State has opposed to grant of bail to the applicant by contending that the case is fresh one.

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

6. The applicant has already been admitted to bail by this Court in main case relating to abduction of Mt. Soomal. There is no independent witness to the alleged recovery of unlicensed pistol from the applicant. The case has finally been challaned and the applicant is in custody for more than 04 months with no substantial trial and there is no chance of tempering with the evidence on the part of the applicant. In these circumstances, it is rightly being contended by learned counsel for the applicant that the applicant is entitled to grant of post-arrest bail on point of further inquiry.

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

8. The instant bail application is disposed of accordingly.

Judge

Nasim/P.A