ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Appl No.S-27/2018

Date	Order with signature of Judge

For orders on office objection

For hearing

19.03.2018

Mr. Raham Ali Jatoi, Advocate for applicant

Mr. Sardar Ali Shah, DPG.

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Irshad Ali Shah J. It is alleged that applicant Ghulam Sarwar @ Bhooro was secured 4000 grams of charas by police party of PS Pano Aqil headed by Inspector Shoukat Ali Arain. For that, he was booked and challaned before the learned trial court, he sought for his release on bail, on the merits and on the point of sickness, but it was declined by learned trial court. Now he sought for his release on bail from this court, by way of instant bail application.

2. It is contended by the learned counsel for the applicant that he being innocent, is involved in this case falsely; there is no independent witness of the incident; he was in custody of the police before his actual involvement in present case, for that, an application u/s: 491 Cr.PC was filed by this sister before learned Sessions Judge Sukkur; at the most, applicant would be liable for being in possession of 800 grams of charas which constitutes an offence punishable u/s: 9 (b) of CNS Act 1997. By contending so, he sought release of the applicant on bail on the point of further enquiry. In support his contentions, he relied upon the case law reported in YLR 2017 1840.

3. Learned Deputy Prosecutor General has opposed to the grant of bail to the applicant by contending that offence with which the applicant is charged is affecting the society at large. In support his contention, he relied upon the case of Doulat Khan v The State, which is reported in 2016 SCMR 1447.

4. I have considered the above arguments and perused the record.

5. The name of applicant is appearing in the FIR with specific
allegation that, on arrest from him was secured 4000 grams of charas in shape of four slabs. In such a situation, it would be pre-mature to say that he being innocent has been involved in this case falsely. It is true that there is no independent witness of the incident, but for this reason, case of prosecution could not be disbelieved at this stage. Application u/s 491 Cr.PC for wrongful confinement of the applicant was filed when he was formally arrested by the police in present case, apparently it was filed only to create defense and to defeat the proceedings of the present case. Sample being part and parcel of rest of the property could not be distinguished only to make out case for grant of bail to the applicant. Nothing is brought on record of this Court which may indicates that the applicant is suffering from any sickness. Deeper appreciation of the facts and circumstances is not permissible at bail stage. There appear reasonable grounds to believe that the present applicant has committed the offence, with which, he is charged.

6. The case law which is relied upon by learned DPG has got preference over the case law which is relied upon by learned counsel for the applicant.

7. In view of above, it could be concluded safely that no case for grant of bail to the applicant is made out. Consequently, his application for his release on bail is dismissed.

JUDGE

Sajjad