Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Sindh Arms Act (V of 2013), S. 23(1)(a)---Possession of pistol without valid licence---Bail, grant of---Complainant-police official alleged that accused was required in a FIR and on spy information two persons were apprehended from pointed place---On personal search of present applicant/accused .12-bore pistol along with three live cartridges were recovered from him and he failed to produce any valid license---No ballistic or forensic opinion was available as to working condition of the pistol---Accused had been granted bail in main case and present case being off-shoot of same, accused deserved to be released on bail---Bail was granted accordingly. THIS ORDER PASSED BY: MUHAMMAD SALEEM JESSAR, J.--- The applicant/accused Husnain Shah, through instant application claims his release on post arrest bail in Crime No. 12 / 2016 registered at Police Station Matli for the offence under section 23(i)(a) of Sindh Arms Act, 2013. He preferred such application No. 178/2016 before the Court of Additional Sessions Judge, Matli, his request was turned down in terms of order dated 11.03.2016. 2. Per prosecution case, the police party headed by Inspector Muhammad Nawaz Sirai, Police Line, Badin left police line Badin on 10.02.2016 at 1600 hours, in connection with investigation of Crime No. 11/2016, under sections 324, 353, 337-H(2), 35, P.P.C. read with sections 6/7 ATA, 1997. When they reached at Phalkara Chowk Matli town they had spy information to the effect, the nominated accused of FIR No. 11/2016 of Police Station Matli namely, Husnain Shah and Saleem Shah are waiting for transport at Matli Tando Muhammad Khan link road near Nizamani Mohalla. On receipt of such information, the police party proceeded towards pointed place where at 1500 hours, saw two persons were standing who by seeing police party tried to run away but were apprehended by them. On inquiry one of them disclosed his name to be present applicant. On his personal search, a .12-bore pistol along with three live cartridges was recovered and he failed to produce any valid license for same. It is alleged further, the police party after recovery of the weapon…

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