ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. B. A. No.669 of 2022

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DATE ORDER WITH SIGNATURE OF JUDGE(s)

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Before:

Mr. Justice Irshad Ali Shah

04.07.2022

Mr. Kausar Ali Shar, advocate for applicant Abdul Ghaffar

Ms. Rubina Qadir, Dy. Prosecutor General Sindh

None for the complainant
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It is alleged that the applicant robbed complainant Shoaib of his vallet containing Rs.1200/- and on arrest from him was secured not only the robbed property but unlicensed pistol of 30 bore with magazine containing four live bullets for that he was booked and reported upon. On having been refused bail by learned Additional Sessions Judge XI Karachi South, the applicant has sought for the same from this Court by way instant application under Section 497, Cr.PC.

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 foisting the unlicensed pistol upon him; the offence is not falling within the prohibitory clause and he is in custody since five months, without effective progress in trial of his case, therefore, he is entitled to be released on bail on point of further inquiry.

Learned Deputy P.G. for the State has opposed to release of the applicant on bail by contending that the applicant was apprehended promptly and from him has been secured the crime weapon together with the robbed property.

Heard argument. Perused record.

The arrest of the applicant soon after the incident together with the crime weapon and robbed property by a police officer is appearing to be significant. The offence alleged against the applicant is not falling within the prohibitory clause. The case has finally been challaned. There is no apprehension of tampering with the evidence on the part of the applicant. In these circumstance, a case for release of the applicant on bail on the point of further inquiry obviously is made out.

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

The instant bail application is disposed of accordingly.

J U D G E