Shabbir vs The State
This post-arrest bail application under Section 497 Cr.P.C. arises out of a case registered against the applicant following the alleged recovery of an unlicensed .30 bore pistol by the police, which was purportedly used in the murder of a police constable. The applicant contended that he was innocent, that the weapon was foisted upon him, that the alleged offence did not fall within the prohibitory clause of Section 497 Cr.P.C., and that he had already been granted bail in the main murder case while remaining in custody for over six months. The State opposed the bail on the ground that the recovered firearm was connected to a murder. The High Court observed that the allegation of foisted recovery along with the applicant's prior grant of bail in the main murder case and six-month period of custody brought the case within the ambit of further inquiry under Section 497(2) Cr.P.C. Consequently, the High Court allowed the application and granted post-arrest bail to the applicant subject to furnishing a surety bond.
- Whether an accused who has been granted bail in a main murder case is entitled to post-arrest bail on the ground of further inquiry in a connected case of recovering an unlicensed weapon?
- Does the alleged foistation of a weapon combined with prior bail in the primary offence constitute sufficient ground for bail under Section 497(2) Cr.P.C.?
- Section 497, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Irshad Ali Shah J. It is alleged that on arrest from the appli cant was secured unlicensed 30 bore pistol by police party of P.S Aminiyani Taluka and District Dadu led by Inspector Gulzar Ahmed Khushik which allegedly was used by him while committing murder of PC Abdul Hameed, for that the present case was registered.
2. The applicant on having been refused post arrest bail by learned Additional Sessions Judge-I (MCTC) Dadu, has sought for the same from this court by way of instant bail application u/s 497 Cr .P.C.
3. It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by making foistation of pistol upon him; the offence is not falling within prohibitory clause and the applicant is in custody for more than six months and has already been admitted to bail by this Court in main murder case. By contending so, he sought for release of the applicant on bail on the point of further inquiry .
4. Learned A.P.G for the State has opposed to release of the applicant on bail by contending that the recovered pistol was used in a murder case.
5. I have considered the above arguments and perused the record.
6. The recovery is alleged to has been foisted upon the applicant. The applicant is in custody since six months and he has already been admitted to bail in main murder case. In these circumstan ces, a case for release of the applicant on bail on point of further inquiry obviously is made out.
7. In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.50,000/-and PR bond in the like amount to the satisfaction of learned trial Court.
8. The instant application is disposed of accordingly .