Law:

Section:

Criminal Procedure Code (V of 1898)--- ---S. 497(2)---Pakistan Arms Ordinance (XX of 1965), S. 13(d)---Possession of illegal weapon---Bail, grant of---Further inquiry---Bail already granted in connected F.I.R.---Report of ballistic expert not obtained---Enmity with police alleged---Challan already submitted in court---Effect---Accused allegedly fired at a police party with the intention to kill---Accused was subsequently arrested and found in possession of an unlicensed Kalashnikov---Two separate F.I.Rs. were registered against accused, one under Ss.324 and 353, P.P.C. and the other one (present F.I.R.) under S. 13(d) of Pakistan Arms Ordinance, 1965---Accused was already granted bail for the F.I.R. under Ss. 324 and 353, P.P.C.---All prosecution witnesses were police officials---Kalashnikov allegedly recovered from accused was not sent to ballistic expert for report---Challan had already been submitted and there was no question of tampering with prosecution evidence---Accused had also alleged enmity with the police---Case was one of further inquiry---Accused was admitted to bail in circumstances. ORDER NAIMATULLAH PHULPOTO, J.---Applicant/accused seeks bail in Crime No.75 of 2012 registered against the accused at Police Station Radhan Station for an offence punishable under section 13(d) Pakistan Arms Ordinance, 1965. Brief facts of the prosecution case as disclosed in the F.I.R. are that on 1-10-2012 at 2350 hours, A.S.-I. Muhammad Afzal Solangi, Incharge of P.P Sindhi Butra lodged F.I.R. at Police Station Radhan Station stating therein that accused Ghulam Yaseen son of Muhammad Hashim by caste Soomro resident of Lahori Muhalla Larkana, arrested in case Crime No.74 of 2012 of Police Station Radhan Station along with unlicensed Kalashnikov at the spot, while keeping unlicensed Kalashnikov has committed an offence punishable under section 13(d) A.O therefore, A.S.-I. lodged case against accused on behalf of State vide Crime No.75 of 2012 under section 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 1st Additional Sessions…

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