ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Misc. Appln. No. S-160 of 2020

 

Date	Order with signature of Judge

 

For hearing of main case.

06-08-2020

 

Mr. Blosch Ahmed Junejo, Advocate for the applicants

Mr. Zafar Ali Malgani, Advocate for private respondent   

            Mr. Aitbar Ali Bullo, D.P.G for the State.

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IRSHAD ALI SHAH, J.- It is alleged that on arrest from the private respondent was secured an unlicensed pistol of 30 bore with magazine containing five live bullets of same bore, by police party of P.S Dhamrah, led by ASI Noor Muhammad Jagirani, for that the present case was registered.

                        The private respondent was admitted to bail by learned 6^th Additional Sessions Judge, Larkana, which the applicants have sought to be cancelled by way of instant application u/s. 497 (5) Cr.PC.

                        It is contended by learned counsel for the applicants that the private respondent is hardened criminal and he has been admitted to bail by learned trial Court without lawful justification and he now              is issuing threats of dire consequences to complainant/ASI Noor Muhammad Jagirani. By contending so, he sought for cancellation of bail to the applicant.

                           It is contended by learned counsel for the private respondent that the private respondent being innocent has been involved in this case falsely by the police at the instance of local Zamindar by making foistation of pistol upon him only to deprive him of his landed property and the concession of bail has never been misused by the private respondent. By contending so, he sought for dismissal of instant Crl.Misc.Application.

                        Learned D.P.G for the State has also sought for dismissal of the instant Crl.Misc.Application by supporting the impugned order.

                        I have considered the above arguments and perused the record.

                        The private respondent was arrested by the police for allegedly having committed an offence outcome of FIR Crime No.22/2020, under section 441, 447, 511, 506/2, 148, 149 PPC of P.S Dhamrah; the pistol is alleged to have been foisted upon him by the police at the instance of local Zamindar, with whom he is said to be disputed over possession of the landed property. In that situation, the learned trial Court was right to admit the private respondent to bail by making conclusion that his case is calling for further inquiry. Such concession could hardly be cancelled by this Court, under the pretext that the private respondent is now issuing threats of dire consequences to the complainant who is none but police officials, which even otherwise are unspecified.

                        For what has been discussed above, the instant Crl.Misc.Application is dismissed accordingly, with direction to learned trial Court to expedite the disposal of the case preferably within two months, after receipt of this order.

 

J U D G E