ORDER
SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl. Bail Application No. S-05 of 2023
(Riaz
Ahmed and another Vs. The State)
1.
For Orders on office objection.
2.
For Orders on MA No. 127/2023.
3.
For hearing of Bail Application.
13-02-2023.
Mr.
Amjad Ali Panhwar, advocate for applicants.
Mr.
Shafi Muhammad Mahar, Deputy P.G for the State
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Irshad
Ali Shah, J;- It is alleged that the applicants with rest of the
culprits being members of wandering gang in habit to commit theft assembled at
the place of incident to commit dacoity and on arrest from them were secured
unlicensed weapons, for that they were booked and reported upon. 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.
2. Heard arguments and perused the record.
3. There is no independent witness to the
incident. Nothing has been brought on record which may suggest that the
applicants are members of wandering gang and in habit to commit thefts. None
has been robbed. The unlicensed weapons are alleged to have been foisted upon
the applicants by police. The case has finally been challaned and there is no
apprehension of tempering with the evidence on the part of the applicants. In
these circumstance; a case for release of the applicants on bail, on point of
further inquiry obviously is made out.
4. In view of above the applicants are
admitted to bail subject to their furnishing solvent surety in sum of Rs.40,000/-
each and P.R bond in the like amount to the
satisfaction of learned trial Court.
5. The instant Crl. Bail Application is
disposed of in above terms.
Judge
Nasim/P.A