IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

 

Crl. Bail Application No.S-851 of 2025

    

DATE OF

HEARING

 

ORDER WITH SIGNATURE OF JUDGE

 

1.    For orders on O/objection at flag-A.

2.    For hearing of post-arrest bail.

 

 

Date of hearing     13.10.2025.

 

 

Mr. Sikandar Ali Junejo, Advocate for applicant/accused.

 

Mr. Aftab Ahmed Shar, Addl.P.G for State.

                   ***************

 

                                                O R D E R

 

          Learned counsel for the applicant submits statement alongwith photocopy of bail application bearing No.825 of 2025 wherein FIR No.122 of 2025 a case made out alongwith the applicant has been entertained.

 

Through instant bail application, applicant Muhammad Ali son of Muhammad Hassan seeks Post-arrest bail in Crime No.121 of 2025 Police Station, Babarloi district, Khairpur for offence under Sections 23(i) a Sindh Arms Act. Earlier his bail application was declined by learned Additional Sessions Judge-III, Khairpur vide order dated 29.08.2025.

 

2.       Facts of the case are that 22.08.2025 at 2020 hours complainant ASI Hussain Bux lodged FIR alleging that applicant was apprehended in connection with Crime No.120 of 2025 and during his arrest 30 bore TT pistol with magazine rubbed number in working condition and two live bullets were recovered from his possession in presence of mashirs namely HC Bashir Ahmed Kanasiro and PC Abdul Waheed Shar. After completing formalities, separate FIR under Sindh Arms Act was registered on behalf of the State.

 

 

3.       Learned counsel for applicant contends that the present applicant is innocent and has been falsely implicated                     in this case merely to show the efficiency of the police. He further contends that recovery is doubtful as no private witnesses were associated, despite the place of occurrence is busy area and both the mashirs are police officials. Learned counsel further contends that the present applicant is behind bars since his arrest/lodging of the FIR.

 

4.       Learned Deputy Prosecutor General formally opposed the bail application on the ground that weapon was recovered from the possession of applicant and also supported the order passed by the trial Court.

 

5.       Having heard learned counsels and gone through the record. It appears that compliance of Section 103 Cr.P.C should have been made as prime object of said Section was to ensure transparency and fairness on the part of police during course of recovery which is lacking in this case, therefore, the applicant/accused is entitled for concession of bail. All the witnesses of prosecution are Police officials and sub-ordinates of complainant, no independent person of the locality has been cited as witness in charge-sheet. There is no material placed on record to show that the applicant is involved previously in any similar office. Investigation in the case was complete therefore, accused was no longer required to Police for further investigation as such, the incarceration of accused would serve no useful purpose and case against applicant/accused fell within ambit of further inquiry. In the said circumstances, this bail application is allowed as the applicant is found to make out a case of further inquiry. The applicant was taken-up in the present FIR whereas the order relied upon is in respect to similar FIR the accused has already been entertained having similarity. Let the present applicant be released on bail on submitting solvent surety in the sum of Rs.50,000/- (Rupees Fifty thousand) and PR bond in the like amount to the satisfaction of trial Court.

 

          Needless to mention here that observations made herein above are tentative in nature and trial Court may not be influenced of the same and decide the case on its merits.

 

Bail application stands allowed and disposed of in the above terms.

 

                                                                                  J U D G E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ihsan/PS