' ANWAR HUSSAIN, J.---Through this Bail Application, Applicant Naeem-ul-Arfeen, seeks Post Arrest Bail, after rejection of his Bail Application vide Order dated 15.10.2015, passed by learned 2nd Additional Sessions Judge, Shaheed Benazirabad, in Crime/FIR No, 179 of 2015, of Police Station, A- Section; Shaheed Benazirabad, under Section 23(A), Sindh Arms Act, 2013.
2. ASI of Police Station, A-Section, Shaheed Benazirabad, on 21.09.2015, lodged the said FIR, the contents of the same are as under:-- "On behalf of State complaint is that, today we along with staff namely PC 2167 Ali Akbar, PC 617 Sikandar Ali and PC 245 Umed Ali, being armed with Government Ammunition in Government Vehicle No,1, drived by PC Khalid Hussain, by making Entry No, 18 in the Register dated 21.09.2015, went for patrolling in Government Vehicle No,
1. As from the possession of arrested accused in Crime No, 178 of 2015, under Section 506(2), P.P.C., Police Station, A-Section, Nawabshah, namely Naeem-ul-Arfeen @ Doctor son of Rao Muhammad Anwar, resident of Shandadpur Road, Airport Nawabshah, .30 Bore Pistol along with Magazine and 5 Bullets were recovered in presence of Mashirs. Therefore, against him a Case under Section 23-A, Sindh Arms Act, on behalf of State, is registered.
'Detail of Recovered Property ' One Pistol 30 Bore without Number Pakistani, in working order with Magazine & five (5) Bullets".
3. After hearing learned Counsel for Applicant and learned D.P.G., who has opposed the grant of Bail to Applicant/Accused and after perusing the record, I have observed as follows:--
(a) The allegations leveled against the Applicant/Accused, is that one Pistol .30 Bore, without Number, with Magazine and five Bullets were recovered from the Applicant/Accused in presence of Mashirs, who are all Police Officials and were on patrolling;
(b) The place of arrest of the Applicant/Accused has not been shown in the instant FIR;
(c) The said Recovery in FIR was not shown to have been sealed on spot, where preparation of Recovery Memo has also not been shown; Reliance is placed on ,SBLR 2015 Sindh 310;
(d) The FIR does not show that the recovered Pistol, was loaded at the time of recovery;
(e) The names of Mashirs of Recovery are not in the FIR, whereas as per Challan the Mashirs are Police Officials; reliance is placed on SBLR. 2015 Sindh 748;
(f) Nothing has been shown by the Prosecution as to whether any attempt has been made for associating private mashirs; Reliance is placed on SBLR 2015 Sindh 748 & 310.
(g) Offence against the Applicant/Accused, as per Prosecution, falls under Section 23(I)(a) of the Sindh Arms Act, 2013, with regard to any firearm and ammunitions, which have been defined in Section 2(a) & (b), respectively, of the said Act;
(h) And in the said Provisions the word "Pistol" has not been used, whereas in the instant FIR recovery of Pistol 30 Bore has been shown; Reliance is placed on 2014 PCr.LJ 1430.
(i) Even otherwise bail cannot be withheld on the ground that offence falls within the ambit of Prohibitory Clause of Section 497; particularly where there are reasons of further inquiry; Reliance is placed on 2014 PCr.LJ 1430.
(j) The investigation completed and challan submitted. As such the custody of Applicant is not required for further investigation.
4. In view of the aforesaid observations, I have found the case of the Applicant/Accused, as one of further inquiry in respect of his guilt within the purview of subsection (2) of section 497, Cr.P.C. And Applicant/Accused is entitled for grant of bail. Hence, I have disposed of this Bail Application by following Short Order dated 30.11.2015.
' For the reasons to be recorded lateron, bail application is allowed. Accused is enlarged on bail against the surety of Rs, 1,00,000 (Rupees One Lac only) to the satisfaction of Trial Court.
5. The above observations are tentative in nature and shall not cause any prejudice to the trial in the matter.