Unnar granted bail in arms case

Published December 24, 2008

HYDERABAD, Dec 23: The Sindh High Court, Hyderabad circuit bench, on Tuesday granted bail to former Sindh revenue minister Altaf Unnar in an arms case in a sum of Rs100,000 on health grounds.

He was represented by Wasique Ahmed Kehar advocate while Advocate-General Yusuf Leghari Sindh represented Sindh government who opposed the bail application on behalf of the provincial government, arguing that the accused had committed a crime against society by resorting to firing on people who had gathered to cast their vote in a Budhapur’s polling station last year.

Unnar’s counsel argued that crime under section 13-E of Arms Ordinance was punishable with imprisonment of seven years. He added that as per ruling of Supreme Court bail to an accused in a bailable offence is a rule and refusal is exception.

He said that the case of applicant didn’t fall within extraordinary and exceptional condition shown there such as likelihood of accused being absconding or he may tamper with prosecution evidence or there is possibility of recurrence of such an offence. He said that he was never convicted in any such case previously.

He said that his client had been granted bail in the main case and he was sick. He said that according to a report of Sindh Institute of Urology Transplant (SIUT) his was a case of renal failure and needed dialysis.

The advocate-general while opposing bail application placed reliance on a case reported in the Supreme Court Monthly Review (SCMR) 2003.

The court observed that offence doesn’t fall in prohibitory clause of section 497 Cr.PC and taking physical condition of application into account his case falls within exception as provided under law.

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