IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.1183 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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22.05.2025
Mr. Muhammad Shair Khan, advocate
for applicant
Ms. Seema Zaidi, Additional
Prosecutor General Sindh
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Shamsuddin Abbasi,
J.—Applicant/accused Ajmal
son of Nawab Zar seeks post arrest bail in FIR
No.76/2025, registered at P.S. Preedy for offence under section 23(1)(a) of
the Sindh Arms Act, 2013, after rejection of his bail plea by learned District
and Sessions Judge, Karachi South vide order dated 21.02.2025.
2. Brief
facts of the case are that applicant/accused was arrested along with co-accused
Kashif son of Saleem Khan by complainant, who was on patrolling duty along with
his subordinate staff, and from his possession recovered one 30 bore pistol
with loaded magazine containing 3 live rounds, hence the subject FIR.
3. Learned
counsel for applicant submits that the applicant is innocent and he has been
falsely implicated in this case due to mala fide intention and ulterior motive;
that there is violation of section 103, Cr.PC; that all the prosecution
witnesses are subordinates of complainant, hence the case of applicant requires
further inquiry in terms of section 497(2), Cr.PC.
4. On the
other hand, learned Additional Prosecutor General Sindh opposed the grant of
bail to applicant on the ground that applicant was arrested at spot and one 30
bore pistol with live 3 live rounds was recovered his possession and there is
positive FSL report, therefore, he is not entitled for grant of bail.
5. Heard
learned counsel for applicant as well as Additional Prosecutor General Sindh
and perused the material available on record.
6. From
the tentative assessment of material available on record, it appears that there
is violation of Section 103, Cr.PC as the complainant failed to associate
independent persons to witness the alleged recovery. All the prosecution
witnesses are police officials; case has been challaned and the applicant is no
more required for further inquiry. Sufficient material is available on record,
which makes out the case of applicant/accused for further inquiry in terms of Section
497(2), Cr.PC. Therefore, applicant/accused above named is admitted to post
arrest bail, subject to furnishing solvent surety in the sum of Rs.50,000/- and
P.R. bond in the like amount to the satisfaction of the trial Court.
7. Needless
to mention here that the observations made hereinabove are tentative in nature
and would not prejudice the case of either party at trial.
J
U D G E
Gulsher/PS