ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-182 of 2020

 

DATE                          ORDER WITH SIGNATURE OF JUDGE

 

For hearing of bail application.

06.04.2020

 

 

 

 

 

Mr.Anwar Ali Shaikh, advocate for applicant.

                        Mr. Aitbar Ali Bullo, D.P.G for the State.

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

Irshad Ali Shah J;- It is alleged that the applicant Janib alias Rahim Bux was found in possession of unlicensed repeater gun of 12 bore with five live cartridges of same bore by the Police Party of P.S Jaggan @ Humayun, which was led by ASI Hakim Ali Shar, the same was allegedly used by him in commission of incident outcome of FIR Crime No.13/2020, under section 452,324,429,148,149,114,337-H(ii) PPC of P.S Jaggan @ Humayun G, for that the present case was registered against the applicant.

2.       The applicant on having been refused post arrest bail by learned 5th Additional Sessions Judge, Shikarpur, has sought for the same from this Court by way of instant application u/s 497 Cr.P.C.

3.       It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police at the instance of complainant party of main case; the applicant has already been admitted to bail in main case by learned Sessions Judge, Shikarpur, and he has remained in jail in the present case for more than one month. By contending so, he sought for post arrest bail for the applicant on point of further inquiry.

4.       Learned D.P.G. for the State has opposed to grant of bail to the applicant by contending that the alleged repeater gun was used in commission of main offence.

5.       I have considered the above arguments and perused the record.

6.       Admittedly, the applicant has already been admitted to bail in main case outcome of FIR Crime No.13/2020, u/s.452, 324, 429, 148, 149, 114, 337-H(ii) PPC of P.S Jaggan @ Humayun G, by learned Sessions Judge, Shikarpur. After grant of bail to the applicant in main case, the learned Sessions Judge, Shikarpur, ought not to have transferred the bail application of applicant in offshoot case to learned 5th Additional Sessions Judge, Shikarpur, who obviously had declined the bail to applicant in offshoot case without assigning valid reasons. Be that as it may, there is no independent witness to the alleged recovery of the weapon; the case has finally been challaned and the applicant is in custody for more than one month. In such situation the applicant is found entitled to be released on bail in instant case on point of further inquiry.

7.       In view of above, the instant bail application is allowed. Consequently, applicant is admitted to post-arrest bail subject to his furnishing solvent surety in the sum of Rs.50,000/- and P.R bond in the like amount to the satisfaction of learned trial Court.

 

 

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