ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr.B.A.No. 931 of 2023

(Ali Subhan vs. The State)

Date Order with signature of Judges

For hearing of bail application

08.06.2023

Mr. Jam Shahid Iqbal advocate for the applicant

Mr. Talib Ali Memon Assistant P.G for the State

-.-.-.-.-.-.-.-.-.

It is alleged that on arrest from the applicant was secured unlicensed pistol of 9mm bore with magazine containing two live bullets by police party of PS Shahrah-e-Faisal, which he allegedly used for committing robbery outcome of FIR bearing Crime No. 250 of 2023 of PS Shahrah-e-Faisal, for that he was booked and reported upon by the police. On refusal of bail by learned trial Court, the applicant has sought for the same from this Court by way of instant bail application u/s 497 Cr.P.C.

It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police and he has already been admitted to bail in a main robbery case, therefore, he is entitled to be released on bail in present case on point of further inquiry, which is opposed by learned Asstt. P.G for the state by contending that offence alleged against the applicant is affecting the society at large.

Heard arguments and perused the record.

The pistol has been subjected to its examination with considerable delay; the applicant has already been admitted to bail in main robbery case on filing of the affidavit by PW Aman Shams Pervaiz, whereby the applicant was declared by him to be innocent; the present case has finally been challaned and there is no allegation of tampering with the evidence on part of the applicant who is said to be in custody since three months without effective progress in trial of his case. In these circumstances, a case for release of the applicant on bail on point of further inquiry obviously is made out.

In view of above, the applicant is admitted to bail subject to his furnishing surety in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) and P.R bond in the like amount to the satisfaction of learned trial Court.

The instant bail application is disposed of accordingly.

JUDGE