Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Sindh Arms Act (V of 2013), Ss.2 & 24---Possessing unlicensed arms---Bail, grant of---Further inquiry---Police allegedly recovered an unlicensed pistol from possession of accused---F.I.R. did not mention the manner of recovery of unlicensed pistol from accused---F.I.R. was silent about the date, time and place of alleged recovery, therefore, case was one of further inquiry---Present case was of recovery of unlicensed pistol, which fell within the definition of 'arms' provided under S. 2 of Sindh Arms Act, 2013---Section 24 of Sindh Arms Act, 2013 provided maximum punishment up to 10 years for possessing arms or ammunition, licensed or unlicensed, with the aim to use them for any unlawful purpose, therefore, alleged offence did not fall within the prohibitory clause of S.497(1), Cr.P.C.---Accused was granted bail in circumstances. ORDER RIAZAT ALI SAHAR, J.---Applicant Inayat Ali has applied for post-arrest bail in Crime No.35 of 2013, registered with Police Station, Mithani, under section 23(1)(a) of Sindh Arms Act, 2013 (to be, hereinafter, referred as the Act), after his bail plea has been turned down by trial court vide order dated 29-7-2013. 2. As per contents of the F.I.R., on 3-7-2013, complainant HC-Qamaruddin of Police Station Mithiani, recovered unlicensed pistol from the possession of applicant, already arrested in connection with Crime No. 34 of 2013, of Police Station, Mithiani, under sections 324, 353, 148, 149, 402, 399 P.P.C., and for carrying unlicensed pistol by the applicant, above F.I.R. under section 23(1)(a) of the Act was registered. 3. It was, inter alia, contended by learned counsel for the applicant that the instant case falls within the definition of 'arms' as provided in section 2 of Sindh Arms Act, 2013; same is governed by section 24 of the Act, which provides maximum punishment up to 10 years. He further contended that the contents of F.I.R. are silent about the date, time, and place of alleged recovery of pistol from the possession; case has been challaned, as such applicant is no more required for further investigation and he has no previous criminal record; there is no…

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