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.