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SHABIR AHMED vs State S — 2023 YLRN 35 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 YLRN 35 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
SHABIR AHMED vs State S
Subject matter
Criminal
Provisions referred to
S. 497---S; S. 23---U; S. 392; S. 497

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SHABIR AHMED VS State S. 497---Sindh arms act (V of 2013), S.23---Unlicensed possession of arms---Bail, grant of---acquittal in main case---Completion of investigation---Submission of challan---Further inquiry---Scope---Prosecution case was that the accused was found to be in possession of a 30 bore pistol along with a magazine containing one live bullet---Contention of accused was that the case was an offshoot of main case registered under S.392, P.P.C. in which he had been acquitted---accused was not a previous convict or hard and a dangerous criminal---Since the accused was acquitted from the charge of main case, therefore, his involvement in the connected crime was a question which was to be determined by the Trial Court after recording evidence of prosecution witnesses---all the witnesses in the case were police officials, therefore, question of tempering of prosecution evidence did not arise---Case had been challaned and the accused was no more required for the purpose of investigation or interrogation---accused had made out a good prima facie case for his release on bail within the meaning of subsection (2) of S.497, Cr.P.C.---Bail application was allowed, in circumstances.

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