1. ' RAHMAT HUSSAIN JAFFERI, J.---This is a case of recovery of unlicensed K.K. Alleged recover from the possession of the applicant on 17-12-2004 at 10-30 p.m. From forest Moosa Bhugio by Inspector Raziq Dino.
2. ' The learned, Advocate for the applicant has stated that the applicant was already in police custody as his brother Laiq moved application to D.P.O., Khairpur on 16-12-2004 alleging that the applicant was in police custody from 14-12-2004 illegally therefore, justice might be done. He has placed the photostat copy of said application.
3. ' On the last date of hearing, lear red A.A.-G. Was asked to enquire about the moving of said application. The learned A.A.-G. After making necessary enquires categorically stated that such application is available in the file of police alleging that the applicant was in police custody from 14-12-2004.
4. From the above facts it appears that a doubt has been created about the veracity of prosecution story. However, this point can be thrashed out at the time of trial but presently a case of bail has been made out.
5. ' In view of the above circumstances the learned A.A.-G. Has no objection to grant of the bail.
6. Consequently bail is granted to the applicant in the sum of Rs.50,000 (Rupees fifty thousand) on furnishing solvent surety with P.R. Bond in the like amount to the satisfaction of trial Court. The learned Advocate for the applicant has stated that probably the case has been transferred to Additional Sessions Judge, Gambat. However, the order may be sent to learned Sessions Judge, Khairpur for its compliance.
7. ' The bail application is allowed.