ORDER SHEET
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Crl. Bail. Application No.S- 123 of 2021
1.
For Orders on office objection.
2.
For hearing of bail application
29-03-2021.
Mr. Achar
Khan Gabole, advocate for applicant.
Mr. Aftab Ahmed Shar, Additional Prosecutor
General.
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Irshad Ali Shah, J;- It
is alleged that on arrest of applicant was secured unlicensed pistol of 30 bore
with magazine by police party of PS A-Section Ghotki led by ASI Zulfiquar Ali, for
that the present case was registered.
2. The applicant on having been refused
post-arrest bail by learned 1st Additional Sessions Judge/(MCTC), Ghotki,
has sought for the same from this Court by way of instant bail application
under Section 497 Cr.P.C.
3. It is contended by learned counsel for
the applicant that applicant being innocent has been involved in this case
falsely by the police at the instant of the complainant party of main case,
there is no independent witness to the incident; the applicant has already been
admitted to bail in main case and he is in custody since two months. By
contending so, he sought for release of the applicant on bail on point of
further inquiry.
4. Learned DPG for the State has opposed to
release of the applicant on bail by contending that he has used the pistol for
attempting to commit the murder of PWs Muhammad Sha’aban and Muhammad Afzal.
5. I have considered the above arguments
and perused the record.
6. Admittedly there is no independent
witness to the incident. The applicant has already been admitted to bail in
main case for attempting to commit murder of PWs Muhammad Sha’aban and Muhammad
Afzal. The instant case has finally been challaned. There is no apprehension of
tempering with the evidence on part of the applicant. The applicant is said to
be in custody since two month. In these circumstances a case for release of the
applicant on bail on point of further inquiry is made out.
7. In view of above, the applicant is
admitted to bail, subject to his furnishing solvent surety in the sum of rupees
fifty thousand and P.R bond in the like amount to the satisfaction of learned
trial Court.
8. Instant Cr. Bail Application is disposed
of accordingly.
Judge
Nasim/Steno.