Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497(2)---Sindh Arms Act (V of 2013), Ss.23 (i) & 27---Recovery of arms---Bail, grant of---Case of further inquiry---Arms dealer---Investigating officer as complainant---Effect---Accused were arrested for keeping unlicensed arms and ammunition---Plea raised by accused was that they were licence holders to sell arms and ammunition---Validity---Alleged offence took place in thickly populated area and police had advance information about availability of accused persons as well as alleged weapons in shop in question---Police did not associate with them any independent person of locality to witness arrest or recovery---Police officials were good witnesses as others but where entire prosecution case depended upon sole evidence of police officials, their evidence required deep scrutiny at trial---Two co-accused persons were available inside the shop at the time of incident but their names were placed in column No.2 of challan without assigning any cogent reason, therefore, on such ground case of accused required further inquiry---No criminal history of accused had been brought on record in respect of their conduct that they were ever involved in such type of cases prior to the incident---Accused had been behind the bars since 19-6-2014, challan against them had been submitted and they were no more required for investigation---All witnesses were police officials, therefore, no question could arise for tampering with evidence---Complainant who was eye witness of incident had also conducted investigation, therefore, tentatively on such ground also false implication of accused persons at bail stage could not be ruled out---Bail was allowed in circumstances. Shahzeb v. The State, Criminal Bail Application No.S-615/ 2013; Atif v. The State, Criminal Bail Application No.S-974/2013; Nazeer Ahmed v. The State Criminal Bail Application No.S-1134/2013 and Zahid Ali Shah v. The State, Criminal Bail Application No.S-320/ 2014 ref. ORDER ABDUL MAALIK GADDI, J.---Through this application, the applicants seek post arrest bail in Crime No.22/2014 registered at Police Station B-Section, Tando Allahyar for offence under sectiosn 23(i) and…

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