ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 271 of 2023

(Muhammad Naveed vs. The State)

Date Order with signature of Judges

For hearing of bail application

22.06.2023

M/s Zameer Bhutto and Ghulam Mustafa Hingorjo advocates for the applicant

Ms. Rubina Qadir DPG for the State

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

It is alleged that on arrest from the applicant has been secured unlicensed pistol of 30 bore with magazine containing 04 live bullets of same bore by police party of PS Gulberg, which he allegedly used for committing robbery outcome of FIR Crime No. 23/2023 u/s 392/397 PPC of PS Gulberg, for that the present case was registered. On having been refused bail by learned III-Additional Sessions Judge Central Karachi, the applicant has sought for the same from this Court by way of instant bail application u/s 497 Cr.PC.

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 offence alleged against the applicant is not falling within prohibitory clause, therefore, he is entitled to be released on bail on point of further inquiry, which is opposed by learned DPG for the State by contending that the offence alleged against the applicant is affecting the society at large.

Heard arguments and perused the record.

The applicant was apprehended by the police soon after the incident of robbery, besides robbed cell phone from him has been secured the unlicensed pistol, which he allegedly used for committing the alleged robbery. In that situation, it would be premature to say that the applicant being innocent has been involved in this case falsely by the police. The applicant obviously was having no enmity with the police officials, who could have resulted his involvement in this case falsely by foisting upon him unlicensed pistol. The offence is affecting the society at large; it obviously is falling within exceptional clause. There appear reasonable grounds to believe that the applicant is guilty of the offence with which he is charged. No case for release of the applicant is made out; consequently the instant bail application is dismissed with direction to learned trial Court to expedite the disposal of the case against the applicant.

JUDGE