Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: West Pakistan Arms Ordinance, (XX of 1965)

Section: 13(d)

Criminal Procedure Code (V of 1898)--- ----S. 497---West Pakistan Arms Ordinance (XX of 1965), S.13(d)-Possessing unlicensed arms---Bail, grant of---Case of accused and co-accused, had been sent to two different courts---As the witnesses and recovery memo were the same, both cases ought to have been decided by the same court---Case having been sent to two different courts, divergent view had been taken by the courts, while deciding the bail applications---On the same set of facts and evidence co-accused had been admitted to bail, whereas accused had been denied bail---Following the rule of consistency, accused should have also been admitted to bail---State Counsel did not oppose the grant of bail to accused on such legal aspect of the matter---By consent accused was also admitted to bail, in circumstances. ORDER MUHAMMAD TASNIM, JUSTICE:---.--- Applicant/accused Muhammad Iqbal alias Captain son of Nabi Bux is booked in F.I.R. No.240 of 2010 registered under section 13(d) of Arms Ordinance at P.S. CID Sindh West Zone Karachi. In the first place the applicant applied for bail before I-Additional Sessions Judge, Karachi-West, in Sessions Case No.955 of 2010 but the said application was dismissed per order dated 22-2-2011 for the reasons mentioned in the order. Feeling aggrieved against the aforesaid bail order present application for grant of bail has been filed. 2. The prosecution case as setout in the F.I.R. is that on 25-9-2010 at about 5-30 p.m. in the office of Duty Officer CID Sindh Karachi through HC Syed Younis Ali that accused was arrested in Crime Nos.233 of 2010 and 235 of 2010 under sections 353, 324, 427 and under section 13(d) of Arms Ordinance. It is further case of the prosecution that during interrogation the present applicant pointed out a place wherefrom recovery of one KK without number loaded magazine twenty five rounds, one rifle .7 mm 'without number load magazine one TT pistol load magazine 6 rounds. Accordingly, case under section 13(d), Arms Ordinance was registered. 3. Learned counsel for the applicant in support of his bail application has submitted that there were two accused, namely, Abdul Rauf and Muhammad Iqbal, the present…

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