SHABBIR (Applicant) VS THE STATE (Respondent)

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Criminal Bail Application No.S-1006 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

1.For orders on office objection.

2.For hearing of main case.

Mr. Safdar Ali Charan, Advocate for applicants. Ms. Sobia Bhatti, A.P.G for the State.

ORDER

Irshad Ali Shah J:- It is alleged that on arrest from the applicant was secured unlicensed 30 bore pistol by police party of P.S Aminiyani Taluka and District Dadu led by Inspector Gulzar Ahmed Khushik which allegedly was used by him while committing murder of PC Abdul Hameed, for that the present case was registered.

2.The applicant on having been refused post arrest bail by learned Additional Sessions Judge-I (MCTC) Dadu, has sought for the same from this court by way of instant bail application u/s 497 Cr.P.C.

3.It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by making foistation of pistol upon him; the offence is not falling within prohibitory clause and the applicant is in custody for more than six months and has already been admitted to bail by this Court in main murder case. By contending so, he sought for release of the applicant on bail on the point of further inquiry.

4.Learned A.P.G for the State has opposed to release of the applicant on bail by contending that the recovered pistol was used in a murder case.

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

6.The recovery is alleged to has been foisted upon the applicant. The applicant is in custody since six months and he has already been admitted to bail in main murder case. In these circumstances, a case for release of the applicant on bail on point of further inquiry obviously is made out.

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

8.The instant application is disposed of accordingly.

JUDGE

Ahmed/Pa,