ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-737 of 2021

 

Date

               Order with signature of Judge

           

 

Applicant:                                  Zahid Hussain, through

                                                  Mr. Amir Imtiaz Hussain Solangi,

                                                  Advocate

                                                 

State:                                         Through Mr.Khalil Ahmed Maitlo,

                                                  Deputy Prosecutor General

 

Date of hearing:                         10.12.2021

Dated of order:                           10.12.2021

                                                 

O R D E R

 

Zulfiqar Ali Sangi, J:  Through instant bail application, applicant/accused Zahid Hussain son of Sadoro Khan Ghangro, is seeking his post-arrest bail in FIR No.151/2021, registered at Police Station Ranipur, District Khairpur, under sections 23(1) A of Sidh Arms Act. Earlier his post-arrest bail plea was declined by the learned                 Additional Sessions Judge, Gambat vide order dated 05.10.2021, while his second bail application before same court was dismissed as withdrawn vide order dated 05.11.2021.

2.           As per FIR, on 27.09.2021, a police party of Police Station Ranipur headed by ASI Muhammad Ali Narejo, during patrolling apprehended the present applicant/accused at about 1630 hours from Wah Patni Bridge and recovered from his possession an unlicenced repeater along with five live cartridges.

3.           Learned counsel for the applicant has contended that the applicant is innocent who has been actually apprehended from Ranipur City and on his refusal to fulfill their demand of illegal gratification he has been booked in this false case. He next contended that nothing has been recovered from possession of the applicant and all the witnesses are police officials, subordinates of the complainant and no independent witnesses from the locality has been cited as witness or mashir. He further contended that the case has been challaned and applicant is no more required for investigation, hence according to him the case of the applicant requires further inquiry, therefore he may be released on bail.   

4.           Learned DPG has conceded the grant of bail contending that the case has been challaned and applicant is no more required for investigation.

 

5.           I have heard the learned counsel for the applicant, learned DPG and perused the material available on record with their able assistance.

 

6.           Perusal of record shows that the case has been challaned and the applicant is no more required for investigation. All witnesses are police officials, therefore, there is no probability of tempering with the prosecution evidence if the applicant is released on bail. There is also nothing on record to show that the applicant/accused is a previous convict or has been arrested in a case of similar nature in past.

7.           It is settled principle of law that the deeper appreciation of evidence is not permissible at bail stage and bail application is to be decided tentatively on the basis of material available on record. From the tentative assessment of the material available on the record, the applicant has made out his case for grant of post-arrest bail. Resultantly, this bail application is allowed and applicant is admitted to post-arrest bail subject to furnishing solvent surety in the sum of Rs.50,000/-(rupees fifty thousands) and P.R bond in the like amount to the satisfaction of the trial court.

 

8.           Observations made herein above are tentative in nature and will not cause any prejudice to either party at the trial.

 

 

                                                                             JUDGE

 

Suleman Khan/PA