ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No.1183 of 2025

DATE

ORDER WITH SIGNATUREs OF JUDGEs

 

For hearing of bail application

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22.05.2025

           

            Mr. Muhammad Shair Khan, advocate for applicant

            Ms. Seema Zaidi, Additional Prosecutor General Sindh

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Shamsuddin Abbasi, J.—Applicant/accused Ajmal son of Nawab Zar seeks post arrest bail in FIR No.76/2025, registered at P.S. Preedy for offence under section 23(1)(a) of the Sindh Arms Act, 2013, after rejection of his bail plea by learned District and Sessions Judge, Karachi South vide order dated 21.02.2025.

 

2.         Brief facts of the case are that applicant/accused was arrested along with co-accused Kashif son of Saleem Khan by complainant, who was on patrolling duty along with his subordinate staff, and from his possession recovered one 30 bore pistol with loaded magazine containing 3 live rounds, hence the subject FIR.

 

3.         Learned counsel for applicant submits that the applicant is innocent and he has been falsely implicated in this case due to mala fide intention and ulterior motive; that there is violation of section 103, Cr.PC; that all the prosecution witnesses are subordinates of complainant, hence the case of applicant requires further inquiry in terms of section 497(2), Cr.PC.

 

4.         On the other hand, learned Additional Prosecutor General Sindh opposed the grant of bail to applicant on the ground that applicant was arrested at spot and one 30 bore pistol with live 3 live rounds was recovered his possession and there is positive FSL report, therefore, he is not entitled for grant of bail.

 

5.         Heard learned counsel for applicant as well as Additional Prosecutor General Sindh and perused the material available on record.

 

6.         From the tentative assessment of material available on record, it appears that there is violation of Section 103, Cr.PC as the complainant failed to associate independent persons to witness the alleged recovery. All the prosecution witnesses are police officials; case has been challaned and the applicant is no more required for further inquiry. Sufficient material is available on record, which makes out the case of applicant/accused for further inquiry in terms of Section 497(2), Cr.PC. Therefore, applicant/accused above named is admitted to post arrest bail, subject to furnishing solvent surety in the sum of Rs.50,000/- and P.R. bond in the like amount to the satisfaction of the trial Court.

 

7.         Needless to mention here that the observations made hereinabove are tentative in nature and would not prejudice the case of either party at trial.

 

J U D G E

 

Gulsher/PS