Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S. 497---Sindh Arms Act (V of 2013), Ss. 2(d) & 23(1)(a)---Possession of unlicensed firearm---Bail, grant of---Non-association of private witnesses---Whether .30 bore pistol was a "firearm" in terms of definition of "firearm" provided under S. 2(d) of Sindh Arms Act, 2013---Accused was arrested by police on basis of a tip off and allegedly an unlicensed .30 bore pistol along with live bullets were recovered from his possession---Recovery was effected on basis of a tip off but no effort was made by police to ensure presence of independent witnesses to verify the recovery---When the whole prosecution case hinged upon the evidence of police, which was not independently corroborated, then such evidence needed to be examined with care and utmost caution---Section 2(d) of Sindh Arms Act, 2013 did not specifically mention pistol in the definition of "firearm", therefore question as to whether .30 bore pistol allegedly recovered from accused fell within the definition of "firearm" as provided under the said Act was yet to be determined at trial---Accused did not have any previous criminal record---Investigation of the case was complete and challan had already been submitted---Accused was admitted to bail in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497(1) & 497(2)---Bail---Offence falling within the prohibitory clause of S. 497(1), Cr.P.C.---Bail could not be withheld as a punishment merely for the reason that offence fell within the ambit of prohibitory clause of S. 497(1), Cr.P.C.---In such cases, where guilt of accused required further inquiry, bail could be granted irrespective of such bar under S. 497(1), Cr.P.C. ORDER MUHAMMAD IQBAL KALHORO, J.---The applicant Muhammad Siddique, through this application is seeking post arrest bail in crime No. 37/2014 of Police Station Phuleli under section 23-A of Sindh Arms Act, 2013. 2. The brief facts leading to the prosecution case are that the complainant SIP Syed Ikhlaque Hussain Shah was on patrol duty on 30-3-2014 at about 2100 hours, when on the tipoff, he went to the place of incident viz. Chhore Mill Ground Tando Agha Hyderabad, there he saw…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492