ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Bail Appln.  No:  S- 477 of 2012.

Date                          Order with signature of judge.

1. For orders on office objection as flag A.

2. For Hearing.                                                      

05.11.2012.

Mr. Habibullah G. Ghouri,  advocate for the applicant.

Mr. Abdul Rasheed Soomro,  State Counsel.

========

NAIMATULLAH PHULPOTO,J.:-Applicant/accused seeks bail in Crime NO.75/2012  registered against the accused  at P.S Radhan Station for an offence punishable under sections  13(d) Pakistan Arms Ordinance, 1965.

                        Brief facts of the prosecution case  as disclosed in the FIR are that on 01.10.2012  at 2350 hours, ASI  Muhammad Afzal Solangi, Incharge of P.P Sindhi Butra  lodged FIR at P.S Radhan Station   stating therein that  accused Ghulam Yaseen S/O Mohammad Hashim bycaste Soomro R/O Lahori MUhalla Larkana,  arrested in case Crime NO.74/2012 of P.S  Radhan Station alongwith unlicensed Klashnikov at the spot,   while  keeping unlicensed Klashnikov has  committed an offence punishable U/S 13(d) A.O therefore,  A.S.I lodged case  against  accused on behalf of State vide Crime No.75/2012 U/S 13(d) A.O.

                          After  completion of usual investigation,  challan was submitted against the accused. Bail application on behalf of the applicant/accused  Ghulam Yaseen was moved before learned 1^st Additional Sessions Judge, Mehar, same was rejected by order dated 18.10.2012 thereafter applicant/accused approached to this Court for similar relief through the instant bail application.

                        Mr. Habibullah G. Ghouri, learned advocate for the applicant/accused contended that since  in the main case  bearing Crime No.74/2012 of P.S Radhan Station, the present applicant Ghulam Yaseen is granted concession of bail  by this Court today  therefore, he is also entitled to concession of bail in this case which is

off shoot case U/S 13(d) A.O.  He further  submits  that both the mashirs of arrest and recovery are police personnel and  being subordinate of complainant  they are interested.  He further submits that prior to the instant case, the father of applicant namely Mohammad Hashim Soomro  filed constitutional  petitions bearing NO.2034/2010  and 733/2006 against the police officials as such applicant has been falsely implicated by the police in this case only to take revenge.   Lastly it is contended that rifle has not been sent to the ballistic expert for report.

                        Learned State  counsel concedes to  the contentions raised by the learned counsel for the applicant and recorded no objection to the grant of bail application.

                        I am inclined  to grant bail to the applicant/accused  for the reasons  that  in the main case bearing Crime No.74/2012 registered  against the present applicant Ghulam Yaseen at P.S Radhan Station  under section 324 and 353 PPC,  bail has been granted to the  applicant  by this Court today.  All P.Ws are  police officials.  The K.K   secured from the applicant was not sent to ballistic expert for report.  Case has been challaned  and there is no question of tampering with the prosecution evidence.  Enmity with police has also been alleged.

                        For my above stated reasons prima facie a case against the applicant/accused Ghulam Yaseen requires further inquiry as contemplated U/S 497(2) Cr.P.C.  Therefore, concession of bail  is extended  to the applicant/accused subject to his furnishing solvent surety in the sum of Rs.50,000/= and P.R bond in the like amount to the  satisfaction of trial Court.   

            Needless to mention here that the above observations are tentative in nature and trial  Court shall not be influenced  by the same at the trial.

JUDGE