IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Bail Application No. S-528 of 2021

                                   

 

            Applicant                  :           Zulfiquar s/o Wali Muhammad Kori, through

                                                            M/s. Abdul Majeed Memon & Allah Bux Gabol, advocates

           

            Respondent              :           The State, through Mr. Talib Ali Siyal, Assistant Prosecutor General, Sindh

                                                               

            Date of hearing        :           24.09.2021 

            Date of order            :           24.09.2021

             

                                                          ORDER

                                                             

ZAFAR AHMED RAJPUT, J.-       Applicant/accused Zulfiquar s/o Wali Muhammad Kori being failed to get the concession of post-arrest bail from the Court of Additional Sessions Judge, (MCTC), Ubauro in Cr. Bail Application No. 72 of 2021 vide order, dated 23.08.2021, through the instant application seeks the same concession from this Court in Crime/FIR No. 20 of 2021, registered under sections 24, Sindh Arms Act, 2013 at Police Station Wasti Jiwan Shah.

 

2.         As per F.I.R., the applicant, who was wanted in Crime No. 19/2021, registered at P.S. Wasti Jiwan Shah under section 324, 337-H(2), 34, PPC,  was arrested on 25.06.2021, at 1800 hours, by a police party headed by ASI Muneer Ahmed Arain on being found in possession of one unlicensed 30 bore pistol with magazine and three live bullets at Phital Hospital Dilwaro in presence of mashirs, namely, PC Shah Nawaz Jalbani and PC Muhammad Qasim Laghari.

 

3.         After hearing the learned counsel for the applicant, A.P.G and perusing the material available on record with their assistance, it appears that the applicant was nominated in aforesaid Crime No. 19/2021 with role of causing firearm injury to one Ghulam Yaseen on his left leg causing fracture of lower end of the tibia. After recovering the pistol from the possession of the applicant, police sent the same to ballistic expert along with crime empties of said Crime No. 19/2021 and the report of the ballistic expert has received as “positive”.

4.         From the tentative assessment of the evidence in hands of prosecution, I am of the view that prima facie sufficient evidence is available with the prosecution against the applicant to connect him with the commission of alleged offence, which is punishable with imprisonment for a term which may extend to ten years. Hence, instant application is dismissed.

 

5.         Needless to mention here that the above observations are tentative in nature for the disposal of bail application and shall not influence the trial Court while deciding the case on merits.

 

            Above are the reasons of my short order, dated 24.09.2021, whereby instant application was dismissed.

JUDGE