| Citation(s) |
|---|
| 2025 SLG 1601 2025 SLD 1601 = 2025 SHC 1630 |
Criminal Bail Appln. No.S-327of 2025
Ali Haider ‘Ada’, J
Applicant Ghulam Qadir @ Jaro. : Through Mr. Shabir Ali Bozdar, Advocate. The State : Through Mr. Mansoor Ahmed Shaikh, D.P.G. Sindh for State.
Law: Pakistan Penal Code (PPC),1860
Section: 324,353,399,402
Law: Code of Criminal Procedure, 1898
Section: 497(2)
Summary of Order
The applicant/accused, Ghulam Qadir alias Jaro, sought post-arrest bail in a case registered under Sections 324, 353, 399, and 402 of the Pakistan Penal Code (PPC) concerning an alleged armed encounter with police officers. The police claimed the accused and others opened fire on them, but no injuries or damages occurred despite a 10-minute exchange of fire. The bail was initially refused by the Additional Sessions Judge, Daharki.
Upon review, the Court noted discrepancies in the prosecution’s story, including the lack of injuries, minimal recovery of bullet casings inconsistent with the claimed number of shots fired, and the absence of evidence linking the accused to any gang or dacoity. The Court also observed that the accused had been acquitted in several prior cases and that mere pendency of cases does not bar bail.
Given these facts, the Court held that the case falls under “further inquiry†as per Section 497(2) Cr.P.C. and granted bail to the accused subject to furnishing surety and personal bond. The Court emphasized that its observations were tentative and would not prejudice the trial.