ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

1^st Cr. Bail Appln. No.S-550    of  2023.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE.

16.10.2023.

1. For orders on office objection.

2. For hearing of Bail Application.

Mr. Ashfaque Hussain Abro, advocate for the applicant.

Mr. Imran Mubeen Khan, Asst. Prosecutor General.

O R D E R.

                    Applicant/accused Abid Ali son of Hakim Ali Bakhrani seeks post arrest bail in Crime No.64/2023, for offence under Section 23(1)(a) of Sindh Arms Act of 2013, registered at Police Station B-Section, Thul.

          2.       According to the case of prosecution, on 02.8.2023 the applicant Abid Ali on his arrest in Crime No.63/20223 of PS B-Section, Thul, registered u/s 324, 353, 402, 399 and 35, PPC, was found in possession of an unlicensed SBBL Gun of 12-bore, hence he was booked in this case on behalf of State.

          3.       Bail application was moved on behalf of applicant/accused, but the same was rejected by the learned Additional Sessions Judge, Thul vide order dated 18.8.2023.

          4.       Learned advocate for the applicant argued that the applicant has been falsely implicated in this case by the police and the weapon has been foisted upon him.  He further contended that both the mashirs of recovery are police officials and subordinates to the complainant and no any private person has been cited as witness of the alleged recovery.  Learned Counsel contended that the offence does not fall within prohibitory clause of Section 497, Cr.PC and the case against the applicant requires further enquiry.  Lastly, he contended that the case has been challaned and the applicant/accused is no more required for any further investigation.

          5.       Learned Assistant Prosecutor General, on the other hand, opposed the grant of bail, on the ground that the applicant was arrested by the police and an unlicensed gun has been recovered from him, therefore, he is not entitled to concession of bail.

          6.       It is an admitted position that the no private person has been cited as witness to the alleged recovery. The case has been challaned, therefore, the applicant is no more required for investigation purpose. There is no apprehension of tampering with the prosecution evidence. Section 24 of the Sindh Arms Act, 2013 provides that punishment of unlicensed arm may extend to ten years and with fine.  The Court while hearing bail application is not to consider the maximum sentence provided by the statute, as such, the offence does not fall within prohibitory clause of Section 497, Cr.P.C. Moreover, the applicant has already been granted concession of bail vide order dated 16.10.2023 in main case based on Crime No.63/2023 of P.S B-Section, Thul, registered u/s 324, 353, 402, 399 and 35, PPC.  Hence, it being offshoot case, he deserves to be released on bail.

          7.       Keeping in view the above facts and circumstances, the applicant/accused has been able to make out a case for grant of bail. Therefore, instant bail application is allowed and the applicant is directed to be released on bail on his furnishing solvent surety in the sum of Rs.100,000/- and P.R bond in the like amount to the satisfaction of trial Court.

                                                                                              JUDGE  

Qazi Tahir/*