DARYA KHAN vs THE STATE

This matter arises from an application for bail filed by an accused facing trial in Crime No. 96 of 2003 registered under Section 13-D of the Arms Ordinance, 1965. The core legal question concerns the grant of bail where the arrest and recovery occurred in a thickly-populated area without complying with Section 103 of the Code of Criminal Procedure 1898, where all recovery witnesses are police officials, and where the alleged offense falls outside the prohibitory clause of Section 497(1) of the Code of Criminal Procedure 1898. The Sindh High Court held that the applicant is entitled to the concession of bail, noting the lack of independent witnesses despite the location of the arrest and the fact that the offense does not fall within the prohibitory clause, alongside the non-opposition of bail by the Additional Advocate-General. The key principle laid down is that non-compliance with statutory provisions regarding independent witnesses for recoveries in populated areas, combined with offenses falling outside the prohibitory clause, strongly supports the grant of bail.