Law:

Section:

Criminal Procedure Code (V of 1898)--- --------S. 497(2)---Sindh Arms Act (V of 2013), S.23(A) --------- Possessing unlicensed arms---Bail, grant of---Further inquiry---One pistol 30 bore, without number, with magazine and five bullets, were allegedly recovered from accused, in presence of mashirs, who were all Police Officials --------- Place of arrest of accused, had not been shown in the FIR---Said recovery in FIR, was not shown to have been sealed on the spot; where preparation of recovery memo had also not been shown---FIR, did not show that recovered pistol was loaded at the time of recovery---Names of Mashirs of recovery, were not in the FIR---Nothing was shown by the prosecution as to whether any attempt was made for associating private Mashirs---Offence against accused as per prosecution, fell under S.23(1)(a) of Sindh Arms Act, 2013, with regard to any firearm and ammunition, which had been defined in S.2(a)(b) respectively; and in the said provisions, the word "pistol" had not been used; whereas FIR showed recovery of pistol .30 bore---Bail, could not be withheld on the ground that offence fell within the ambit of prohibitory clause of S.497, Cr.P.C., where there were reasons of further inquiry---Investigation was complete and challan submitted---Custody of accused was not required for further inquiry in respect of his guilt within the purview of subsection (2) of S.497, Cr.P.C., accused was entitled for grant of bail, in circumstances. SBLR 2015 Sindh 310; SBLR 2015 Sindh 748; SBLR 2015 Sindh 745 and 310 and 2015 PCr.LJ 1430 rel. THIS ORDER PASSED BY: ANWAR HUSSAIN, JUSTICE:------------------ 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…

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