ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Crl.Bail Appln.No.S-29 of 2022.
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DATE ORDER WITH SIGNATURE OF HON’BLE JUDGE
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For hearing of bail application.
28.02.2022
Mr. Ghulam Mustafa R. Junejo, Advocate for the applicant.
Mr. Ali Anwar Kandhro, Addl.P.G for the State.
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IRSHAD ALI SHAH - J;- It is alleged that the applicant was arrested by the police party of P.S Chakk, led by ASI Zulfiqar Ali after an armed encounter and from him was secured unlicensed pistol of 30 bore with three live bullets of same bore, for that the present case was registered.
2. The applicant on having been refused post arrest bail by learned Sessions Judge, Shikarpur, has sought for the same from this Court by way of instant application u/s.497 Cr.PC.
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 unlicensed weapon upon him and there is no independent witness to the incident; therefore, the applicant is entitled to his release on bail on point of further inquiry.
4. Learned Addl.P.G for the State has opposed to release of the applicant on bail by contending that the offence which he has committed is affecting the society at large.
5. I have considered the above arguments and perused the record.
6. The applicant has already been admitted to bail in main police encounter case in earlier part of the day. There is no independent witness to the incident. The case has finally been challaned and there is no apprehension of tampering with the evidence on the part of applicant. In these circumstances, the guilt of the applicant is calling for further inquiry.
7. In view of above, the applicant is admitted to bail subject to his furnishing solvent surety in the sum Rs.50,000/- and PR bond in the like amount, to the satisfaction of the learned trial Court.
8. The instant criminal bail application is disposed of accordingly.
JUDGE