ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-494 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

15.11.2021

                        Mr. Sajid Hussain Mahessar, Advocate for the applicant.

Mr. Aitbar Ali Bullo, Deputy Prosecutor General for the State.

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IRSHAD ALI SHAH - J;- It is alleged by the prosecution that the applicant was found in possession of an unlicensed Kalashnikov with magazine containing       16 live bullets of 7.62 bore by police party of P.S Muhammad Pur Odho, led by HC Saeed Ahmed Soomro, for that the present case was registered.

                        The applicant on having been refused post-arrest bail by learned Sessions Judge, Jacobabad, has sought for the same from this Court by way of instant application under section 497 Cr.PC.

                        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 an unlicensed weapon upon him; there is no independent witness to the incident and the applicant is in custody for about three months; therefore, the applicant is entitled to grant of post-arrest bail on point of further inquiry.

                        Learned Deputy Prosecutor General for the State has opposed to grant of post-arrest bail to the applicant by contending that he has been apprehended by the police while going armed with an unlicensed weapon.

                        I have considered the above arguments and perused the record.

                        There is no independent witness to the incident. The case is finally been challaned. There is no apprehension of tampering with the evidence on the part of applicant. The applicant is said to be in custody for about three months without effective progress in trial of his case. In these circumstances, the applicant is found entitled to grant of post-arrest bail as his case is calling for further inquiry.

                        In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.100,000/-and PR bond in the like amount to the satisfaction of learned trial Court.

                        The instant bail application is disposed of accordingly.     

                                                                                                         JUDGE