Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------S. 497 --------- Sindh Arms Act (V of 2013), Ss. 23(1)(a) & 3 --------- Acquisition and possession of arms and ammunition without license --------- Further enquiry --------- Bail, grant of --------- Independent persons of locality not cited as mashirs/witnesses --------- .30 bore pistol was alleged to have been recovered from accused, while he had been arrested in main case registered under Ss. 353, 324 & 34, P.P.C. --------- Pistol without number and company name --------- Investigation was complete and accused was no more required for investigation --------- No efforts were made to call independent persons of locality --------- All mashirs were police officials, and there were no question of tampering with prosecution evidence --------- Accused had been in custody for about two months --------- Liberty of person could not be curtailed without legal justification --------- No case of like nature was pending against the accused --------- No progress had taken place in trial of the case --------- Court, while hearing bail, was not to keep in view the maximum sentence provided by the statute but the one which was likely to be entailed according to facts and circumstances of the case --------- Accused had already been granted bail in the main case --------- Present case, prima facie, required further enquiry --------- Bail application was allowed accordingly. Jamaluddin alias Zubari Khan v. The State 2012 SCMR 573 rel. Ibraheem v. The State 2014 YLR 2398 ref. THIS ORDER PASSED BY: NAIMATULLAH PHULPOTO, JUSTICE:---------- This is an application for grant of post arrest bail in a case registered against applicant/ accused Habib alias Ghaffar Baba on 27.06.2015 being Crime No. 215/2015, registered at P.S. Shahrah-e-Noor Jahan, Karachi, under sections 23(1)(a) of the Sindh Arms Act, 2013. Brief facts of the prosecution case as disclosed in the FIR are that on 27.06.2015 SIP Ayoub Siyal lodged his report on behalf of the State, alleging therein that applicant/accused was arrested by police in Crime No. 213/2015 under sections 353, 324, 34, P.P.C. and from his possession one .30 bore pistol, having three…

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