Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Sindh Arms Act, 2013

Section: 23,24

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Sindh Arms Act (V of 2013), Ss. 23 & 24---Unlicensed possession of arms, possession of arms with intent to use for unlawful purposes---Bail, grant of---Non-association of independent witnesses---Further inquiry---Scope---Accused sought bail after arrest in an FIR lodged under S. 23 of the Sindh Arms Act, 2013, wherein it was alleged that he was apprehended while being in possession of an unlicensed .30 bore pistol with magazine and three live bullets---Accused had been confined in judicial custody since the day of his arrest and the police had submitted the challan against him; hence, he was not required for further investigation---Despite prior information, daylight and roadside occurrence, police had failed to join any private person to witness the search and recovery process---Record was silent as to whether the accused was a habitual or previous convict---All the witnesses were police officials; therefore, there was no apprehension of tampering with the prosecution evidence---Case against accused required further inquiry--- Accused was admitted to bail, in circumstances. (b) Sindh Arms Act (V of 2013)--- ----Ss. 2(b), 2(c) & 2(d)---Ammunition---Arms---Firearms---Scope---Pistol does not come within the definition of firearm and ammunition but within the definition of S. 2(c). (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Consideration of likely sentence---Scope---Court while hearing bail application does not have to keep in view the maximum sentence provided by statute but the one which is likely to be entailed in the facts and circumstances of the case. ORDER ZAFAR AHMED RAJPUT, J.---Applicant/accused named above being abortive to get the concession of post-arrest bail from the Court of III-Additional Sessions Judge, Mirpur Mathelo in Criminal Bail Application No. 1170 of 2021, vide order dated 24.08.2021, through the instant application seeks the same concession from this Court in Crime/FIR No. 16 of 2021, registered at Police Station Yaro Lund under section 23(1)(a), Sindh Arms Act, 2013 (the "Act"). 2. As per FIR, the applicant was arrested on 10.08.2021, at 1200 hours, by a…

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