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1999 MLD 440

MUHAMMAD QASIM alias USMAN vs THE STATE

Citation1999 MLD 440
CourtSindh High Court
Case No.Criminal Bail Application No, 426 of 1997
Date1997-04-25
Judge(s)Kamal Mansur Alam, Zafar Hadi Shah
ResultBail allowed

ORDER

1. ' KAMAL MANSUR ALAM, J---F.I.R. No 203 of 1996 of Police Station Bughdadi lodged by S.I. Chand Khan Niazi, C.I.A. Riaz, Karachi alleges that on 28-11-1996 he received spy information that some persons with illegal arms were present at Bayrozgar Chowk, Haji Ismail Road, Khadda Market, whereupon he reached the place and arrested the applicant and one another person and from the possession of the applicant an unlicensed 30 bore locally made T .T. Pistol was recovered.

2. ' Admittedly, the weapon had no number yet it was not sealed on the spot. It is also apparent from the copy of the F.I.R. Available with the Assistant Advocate-General that there are over-writings at several places A which casts doubt on the correctness of the contents thereof. Applicant's counsel also places reliance on the unreported Supreme Court judgment in the case of State v. Bashir son of Ladho Bhambhro (Crl. Appeal No,325 of 1994) to urge that the arrest of the applicant by C.I.A.

3. Sub-Inspector was without lawful authority.

4. ' In view of the aforesaid circumstances, we consider applicant's case to be that of further inquiry and accordingly we grant him bail on his furnishing one surety in the sum of Rs,1,00,000 (Rupees one lac) and P.R. Bond in the like sum to the satisfaction of the trail Court.

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