ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No. D-76 of 2022

Before;

Mr. Justice Zafar Ahmed Rajput

Mr. Justice Irshad Ali Shah

For Hearing of bail application

10-01-2023.

Mr. Abdul Haseeb Khuhro, advocate for applicants.

Mr. Syed Sardar Ali Shah Rizvi, Additional P.G for the State

>>>>>…<<<<<

Irshad Ali Shah, J;- It is alleged that the applicants being members of BLO a banned organization were found carrying 11 hand grenades, 50 detonators and 15 safety fuse to be used for terrorist activities for that they were booked and reported upon by the police. On having been refused bail by learned trial Court, they have sought for the same from this Court by way of instant Bail Application u/s 497 Cr.P.C R/W section 21-D of ATA, 1997.

2. It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the police at the instance of their rivals, by foisting upon them the prohibited arms and ammunitions; they are in custody since eight months without effective progress in trial of their case, therefore, they are entitled to be released on bail on point of further inquiry, which is opposed by learned APG for the State by contending that the offence which they have committed is affecting the society at large.

3. Heard arguments and perused the record.

4. Despite advance information, no independent person was associated to witness the possible arrest of the applicants and recovery of arms and ammunitions from them, such omission on part of the complainant could not be over looked. Nothing has been brought on record, which may suggest that the applicants are associated with banned organization and they as per their learned counsel were taken into custody by the police much before their actual involvement in present case. The case has finally been challaned and there is no apprehension of tempering with the evidence on part of the applicants, who are said to be in custody since eight months without effective progress in their trial. In these circumstance; a case for release of the applicants on bail, on point of further inquiry obviously is made out.

5. In view of above the applicants are admitted to bail subject to their furnishing solvent surety in sum of Rs.100,000/- (One lac) each and P.R bond in the like amount to the satisfaction of learned trial Court.

6. Above are the reasons of short order of even date whereby the instant bail application was allowed.

Judge

Nasim/P.A