Case Details

Citation(s)
2016 SLG 1693 2016 SLD 1693 2016 PLJ 851
Sindh High Court
Crl. Bail Appln. No. S-318 of 2015, decided on 24.4.2015. Date of hearing: 24.4.2015.
AFTAB AHMED GORAR, J.
Mr. Faisal Nadeem Abro, Advocate for Applicant. Mr. Shahid Shaikh, A.P.G. for State.

ARSALAN---Applicant

VS

STATE--Respondent

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Sindh Arms Act, 2013, S. 23-A--Bail after arrest--Further inquiry--It appears place of recovery was accessible to general public but police failed to associate any independent person as mashir--Albeit maximum punishment provided under Sindh Arms Act, 2013 is ten years, but at bail stage lesser punishment is to be considered--Applicant was in custody since date of his arrest and was not required for further investigation, as such his further detention would not serve any purpose. ORDER Through instant application, applicant seeks post arrest bail in Crime No. 17/2015 registered at Police Station City, Hyderabad under Section 23-A Sindh Arms Act 2013. 2. Precisely, it is alleged that on 09.02.201o complainant ASI Shakir Khan of P.S. City Hyderabad lodged FIR, stating therein that arrested accused namely Arslan s/o Masroor Ali Rajput in Crime No. 15/2015 u/Ss. 324, 353, 34, PPC was found in possession of .30 bore Pistolalongwith magazine containing four live bullets without license. 3. Learned counsel for the applicant inter alia contends that the place of recovery was thickly populated area but no private person has been cited as mashir, thus the alleged recovery of pistol is highly doubtful; the pistol has not been certified from the expert to ascertain its working condition; the alleged…
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