ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. B A. No. S-24 of 2018

Date Order with signature of Judge

For hearing of bail application.

26.03.2018

Mr.Moazim Ali Lashari, Advocate for the applicant

Mr.Abdul Rehman Kolachi DPG for the State

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Facts in brief for disposal l of instant application are that; the present applicant with rest of the culprits was found transporting 2000 Kilogram of Charas through Truck, for that they were booked and challaned in this case by police of party of P.S Khairpur Circle.

The present applicant by way of an application u/s 497 Cr.PC sought for his release on bail before leaned trial court. It was dismissed. Now he has sought for his release on bail in above case from this court by way of instant application u/s 497 Cr.P C.

It is contended by learned counsel that the present applicant being innocent has been involved in this case falsely by the police, there is no independent witness of the incident, the tanker is owned by NATO Forces, the present applicant has nothing to do with the recovery of Charas lying in the tanker, there is dispute with regard to the weight sent to the chemical examiner, the complainant has himself conducted the investigation of the present case, the present applicant is in custody continuously for a period of 04 years. By contending so, he sought for release of present applicant on bail, as according to him his case is calling for further enquiry.

By making rebuttal to above contention, the learned DPG has opposed grant of bail to the present applicant. In support of his contention he has relied upon case of Zafar Vs the State, which is reported at 2008 SCMR-1254.

I have considered the above arguments and perused the record.

The name of present applicant is appearing in FIR with specific allegation that; he with rest of the culprits was found transporting the Charas through Truck, wherein was found lying 2000 Kilograms of Charas, in its secret cavities. It was present applicant, who at the relevant time was found driving the said truck. In that situation it would be pre-mature to say that the present applicant being innocent has been involved in this case falsely by the police. It is true that there is no independent witness to the incident but for this reason case of prosecution could not be disbelieved at this stage. The police personnel apparently are having no enmity with present applicant to involve him in this case falsely. No cogent documentary proof has been brought on record which may indicate that the truck which the present applicant was found driving at the time of incident is actually belonging to NATO Forces. If for the sake of arguments, it is believed that the truck wherein was found lying Charas was actually belonging to NATO Forces, even then such fact is not enough to absolve the present applicant of the liability of the contains lying therein. There is hardly a dispute with regard to the weight of Charas sent to the Chemical examiner. If for the sake of arguments it is believed that there is such dispute, even then same could not be resolved at this stage as deeper appreciation of the facts and circumstances are not permissible to be resolved while deciding the bail applications. The investigation of the case by the complainant in case like the present one, is approved by the Honourable Supreme court of Pakistan in case of Zafar, which is relied upon by learned DPG. The present applicant may be in custody from the date of his arrest but this fact could hardly be made a ground for his release on bail by this court as he has not been able to disclose as to who is instrumental in early disposal of case against him. The offence indeed which the present applicant has allegedly committed is affecting the society at large. There appear reasonable grounds to believe that the present applicant is guilty of the offence with which he is charged.

In view of above the instant application of the present applicant/accused for his release on bail is dismissed.

J U D G E