1. ' SALMAN ANSARI, J.--- This bail application has been moved on behalf of applicant/accused Muhammad Hashim Sehto who has been arrested on 8-8-2008 for his involvement in Crime Case No,95 of 2008 registered at Police Station Tando Bago District Badin and the trial Court being 1st Additional Sessions Judge Badin rejected the bail application.
2. That the applicant/accused Muhammad Hashim who is A.S.-I. In police department was posted at Tando Bago police station when he was involved in Crime No,70 of 2008 for facilitating the escape of accused Kamran Khan Tasori who being a high profile prisoner/custody was allegedly led to escape by the applicant/accused, who on 8-8-2008 was arrested and a K.K. Was recovered from his possession hence a case under section 13-D Arms Ordinance was registered against the accused.
3. ' Learned counsel for the applicant/accused has argued that the offence does not fall within prohibitory clause of section 497, Cr.P.C. No private Mashir has been associated with the recovery and placing reliance upon the case of Darya Khan v. State 2004 YLR 2001 (Karachi) learned counsel has argued for bail.
4. ' Learned State counsel has not opposed the bail application.
5. Considering that bail has been allowed by this Court the main case being Crime No,70 of 2008 registered at Police Station Tando Bago in my opinion the applicant/accused is entitled to the same concession in the present case where the offence does not fall within prohibitory clause of section 497, Cr.P.C. As the punishment provided under section 13-D of the Arms Ordinance being 7 years further recovery under the circumstances as shown by the police there is every likelihood that the police may have foisted the case upon the applicant/accused and the same would require evidence to determine the veracity of the recovery till such time in my opinion a case of further inquiry has been made out keeping in view the nature of allegations of the recovery, consequently I allow this bail application and the applicant/accused be released on bail upon his furnishing surety in the sum of Rs,50,000 and P.R. Bond in the like amount to the satisfaction of trial Court.