IN THE HIGH COURT OF SINDH, CIRCUIT COURT,LARKANA

Criminal Bail Appln. No. S-208 of 2023

Applicant	Irshad Ali Meerani
	Through Mr. Amanullah Luhar
State	Mr. Aitbar Ali Bullo, D.P.G for the State
Date of hearing	16-05-2023
Date of order	16-05-2023

O R D E R

ZULFIQAR ALI SANGI, J.- Through instant criminal bail application, the applicant/accused Irshad Ali Meerani seeks post arrest-bail in Crime No.29/2023, registered at Police Station Buxapur, for the offence U/S 23-I-A, 25 of Sindh Arms Act 2013, after rejection of his bail plea by the learned Sessions Judge, Kashmore @ Kandhkot, vide order dated 08.04.2023.

2. The facts of the incident are mentioned in the memo of bail application and the copy of F.I.R. is also attached with the bail application, hence, needs not to reproduce the same here.

3. Learned counsel for the applicants/accused submits that the applicant/accused is innocent and he has falsely been implicated in this case; that in the main case the applicant/accused alleged to have been arrested at spot along with T.T pistol, has been granted bail by the learned Civil Judge and Judicial Magistrate-II, Kashmore in view of judgment reported as Zafar Iqbal v. Muhammad Anwar and others (2009 SCMR 1488), Tariq Bashir and 5 others v. The State (PLD 1995 S.C 34) and Subhan Khan versus The State 2002 SCMR 1797). It is contended by the learned counsel for the applicant that weapon has been foisted upon the applicant/accused. He has, therefore, prayed for grant of post-arrest bail.

4. Learned D.P.G. has objected the grant of bail on the ground that applicant was arrested on spot and recovery of T.T pistol was effected from his possession, therefore, he is not entitled for grant of post-arrest bail.

5. Heard learned counsel for the applicant, learned D.P.G. and perused the material available on the record with their able assistance.

6. From the contents of F.I.R, it reflects that applicant was apprehended by the private persons and they have handed over the pistol to police by saying that it was recovered from the applicant/accused. This fact is to be decided by the trial court as to whether the recovery was actually effected from the applicant or was foisted by the complainant of Crime No.28/2023 of P.S. Buxapur. All these facts makes the case of applicant one of further inquiry, therefore, the applicant/accused has made out case for grant of post-arrest bail. Accordingly, instant criminal bail application is allowed. The applicant/accused is admitted on post-arrest bail subject to furnishing solvent surety in the sum of Rs.50,000/- (Rupees fifty thousand only) and P.R bond in the like amount to the satisfaction of trial court.

7. Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the learned trial court while deciding the case of either party at trial.

J U D G E

Abdul Salam/P.A