Law:

Section:

Criminal Procedure Code (V of 1898)--Ss. 497 & 103---Penal Code (XLV of 1860), 5.324---West Pakistan Arms Ordinance (XX of 1965), S.13---Constitution of Pakistan (1973), Art.185(3)--­Bail---Accused prima facie seemed to have been detained before he was alleged to have been arrested when the recoveries were made---Despite the recoveries having been effected from a busy place surrounded by houses and buildings no independent witness was associated with the recovery proceedings nor any record was produced to show that respectable residents of the locality were not willing to join the recovery proceedings in spite of the efforts made by police in this behalf---Leave to appeal was granted to accused in circumstances in both the petitions and in the meantime he was admitted to bail in each case till the disposal of appeals. Sardar Muhammad Ishaque, Advocate/Advocate-on-Record _ for Petitioner. Muhammad Bachal Tonyo, Additional Advocate-General, Sindh for the State. Date of hearing: 26th November, 1996. ORDER SALEEM AKHTAR, J.---These two petitions will be disposed of by this order as they arise from the same incident. The petitioner seeks leave to appeal against the orders of the High Court of Sindh whereby his Bail Applications were dismissed in both the cases. According to the F.I.R., registered on 29-2-1996 at 19-45 hours, it was alleged that the S.H.O., Police Station New Karachi while patrolling in the area with his subordinate staff, when he reached Kala School, Sector 5/D, New Karachi, one Captain Arif of 43 Wing Shahbaz Rangers also reached there with his subordinate staff. In the meantime spy information was received that 8/9 armed persons were sitting in Eidgah Ground, Sector 5/D, with intention to commit heinous crime. The S.H.O., on receiving the information alongwith Captain Arif, Inspector Attaullah of 43 Wing Rangers and other staff members reached the place at 18-45 hours when some terrorists started firing upon Rangers and police party with intention to kill them. Thereafter, police and rangers also fired upon the accused in self-defence and police and rangers surrounded the accused persons and arrested them who disclosed their names as Ashraf…

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