| Citation(s) |
|---|
| 2016 SLG 1669 2016 SLD 1669 2016 PLJ 740 |
Sindh High Court
Crl. Bail Appl. No. S-1103 of 2015, decided on 8.12.2015. Date of hearing: 8.12.2015.
ANWAR HUSSAIN, J.
Syed Madad Ali Shah, Advocate for Applicant. Syed Meeral Shah, D.P.G. for Sindh for State.
Crl. Bail Appl. No. S-1103 of 2015, decided on 8.12.2015. Date of hearing: 8.12.2015.
ANWAR HUSSAIN, J.
Syed Madad Ali Shah, Advocate for Applicant. Syed Meeral Shah, D.P.G. for Sindh for State.
NAEEMULARFEEN---Applicant
VS
STATE--Respondent
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ---S. 497(2)--Sindh Arms Act, 2013, S. 23(A)--Bail, grant of--Further inquiry--Accused, as one of further inquiry in respect of his guilt within purview of Section 497(2), Cr.P.C. and accused was entitled for grant of bail. ORDER Through this Bail Application, Applicant Naeem-ul-Arfeen, seeks Post Arrest Bail, after rejection of his Bail Application vide Order dated 15.10.2015, passed by learned 2nd Additional Sessions Judge, Shaheed Benazirabad, in Crime/FIR No. 179 of 2015, of Police Station, A-Section; Shaheed Benazirabad, under Section 23(A), Sindh Arms Act, 2013. 2. ASI of Police Station, A-Section, Shaheed Benazirabad, on 21.09.2015, lodged the said FIR, the contents of the same are as under: "On behalf of State complaint is that, today we along with staff namely PC 2167 Ali Akbar, PC 617 Sikandar Ali and PC 245 Umed Ali, being armed with Government Ammunition in Government Vehicle No. 1, drived by PC Khalid Hussain, by making Entry No. 18 in the Register dated 21.09.2015, went for patrolling in Government Vehicle No. 1. As from the possession of arrested accused in Crime No. 178 of 2015, under Section 506(2), PPC, Police Station, A-Section, Nawabshah, namely Naeem-ul-Arfeen @ Doctor son of RaoMuhammad Anwar, resident of Shahdadpur Road, Airport Nawabshah, .30 Bore Pistol alongwith Magazine and 5 Bullets were recovered in presence of Mashirs. Therefore, against him a Case under Section 23-A, Sindh Arms Act, on behalf of State, is registered. Detail of Recovered Property One Pistol .30 bore without Number Pakistani, in working order with Magazine & five (5) Bullets". 3. After hearing learned Counsel for Applicant and learned D.P.G., who has opposed the grant of Bail to applicant/accused and after perusing the record, I have observed as follows:-- (a) The allegations leveled against the Applicant/Accused, is that one Pistol .30 bore, without Number, with Magazine and five Bullets were recovered from the applicant/accused in presence of Mashirs, who are all Police Officials and were on patrolling; (b) The place of arrest of the applicant/accused has not been shown in the instant FIR; (c) The said Recovery in…
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