ORDER
SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.
1150 of 2023
(Abdul Rahseed versus The State)
Date Order with signature of Judges
For hearing of bail application
19.06.2023
Mr. Faran Sardar, advocate
for the applicant
Ms. Rubina Qadir, D.P.G for
the State
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It
is alleged that on arrest from the applicant was secured unlicensed pistol of
30 bore with magazine containing two live bullets of same bore by police party
of PS Korangi Industrial Area, Karachi, which he allegedly used for committing
murder of Mehboob Ali, for that the present case was registered.
The
applicant on having been refused by learned I-Additional Sessions Judge,
Karachi East has sought for the same from this Court by way of instant bail
application under Section 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 by foisting upon
him the unlicensed pistol and he has already been admitted to bail in main
murder case on raising of no objection by the complainant party, therefore, he is
entitled to be released in instant case on bail on point of further inquiry.
Learned
DPG for the state has opposed to release of the applicant on bail by contending
that it has been found matched with the empties secured from the place of
incident.
Heard
arguments and perused the record.
The
pistol is said to have been foisted upon the applicant by the police only to
strengthen the main murder case wherein he has already been admitted to bail.
The case has finally been challaned and there is no apprehension of tampering
with the evidence on the part of the applicant, who is said to be in custody in
present case for more than 04 months. 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 sum of Rs.50,000/- (Rupees Fifty Thousand only) and P.R bond in the like
amount to the satisfaction of the learned trial Court.
Instant bail application is disposed of
accordingly.
J U D G E