ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-09 of 2022.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

17.01.2022

                        Mr. Shahbaz Ali Brohi, Advocate for the applicant.

Mr. Abdul Ghaffar Kalhoro, A.P.G for the State.

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IRSHAD ALI SHAH - J;- It is alleged that on arrest after an armed encounter with the police, from the applicant was secured an unlicensed SBBL Gun 12 bore with four live bullets of same bore by police party of P.S Napar Kot, led by ASI Abdul Wahab, for that the present case was registered against him.

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

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 by making foistation of an unlicensed weapon upon him and there is no independent witness to the incident. By contending so, he sought for release of the applicant on bail on point of further enquiry.

4.         Learned A.P.G. for the State has opposed to release of the applicant on bail by contending that the offence which the applicant allegedly has committed is affecting the society at large.

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

6.         The applicant has already been admitted to bail in main police encounter case in earlier part of the day. There is no independent witness to the incident. The case has finally been challaned. There is no apprehension of tampering with evidence on the part of applicant. In these circumstances, a case for release of the applicant on bail on point of further enquiry is made out obviously.

7.         In view of above, the applicant is admitted to bail subject to his furnishing solvent surety in the sum Rs.50,000/- and PR bond in the like amount, to the satisfaction of the learned trial Court.

8.         The instant criminal bail application is disposed of accordingly.

                                                                             JUDGE