ORDER SHEET
IN THE HIGH COURT OF SINDH AT
KARACHI
Criminal Bail Application No.
271 of 2023
(Muhammad Naveed vs. The
State)
Date Order
with signature of Judges
For
hearing of bail application
22.06.2023
M/s Zameer Bhutto and Ghulam
Mustafa Hingorjo advocates for the applicant
Ms. Rubina Qadir DPG for the
State
-.-.-.-.-.-.-.-.-.
It is alleged that on
arrest from the applicant has been secured unlicensed pistol of 30 bore with
magazine containing 04 live bullets of same bore by police party of PS Gulberg,
which he allegedly used for committing robbery outcome of FIR Crime No. 23/2023
u/s 392/397 PPC of PS Gulberg, for that the present case was registered. On
having been refused bail by learned III-Additional Sessions Judge Central Karachi,
the applicant has sought for the same from this Court by way of instant bail
application u/s 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 upon him the unlicensed pistol
and offence alleged against the applicant is not falling within prohibitory
clause, therefore, he is entitled to be released on bail on point of further
inquiry, which is opposed by learned DPG for the State by contending that the
offence alleged against the applicant is affecting the society at large.
Heard arguments and
perused the record.
The applicant was
apprehended by the police soon after the incident of robbery, besides robbed
cell phone from him has been secured the unlicensed pistol, which he allegedly used
for committing the alleged robbery. In that situation, it would be premature to
say that the applicant being innocent has been involved in this case falsely by
the police. The applicant obviously was having no enmity with the police
officials, who could have resulted his involvement in this case falsely by
foisting upon him unlicensed pistol. The offence is affecting the society at
large; it obviously is falling within exceptional clause. There appear
reasonable grounds to believe that the applicant is guilty of the offence with
which he is charged. No case for release of the applicant is made out;
consequently the instant bail application is dismissed with direction to
learned trial Court to expedite the disposal of the case against the applicant.
JUDGE