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