IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-310 of 2018

Applicant:                                          Ouzal Khan son of Badar Khan Sadzai Pathan

Through Mr.Makhdhoom Syed Tahir Abbas, Advocate

Respondent:                                      The State Through Mr. Raja Imtiaz Ali Solangi                                                      A.P.G.

Date of hearing          :                       09.07.2018               

Date of order             :                       09.07.2018   

O R D E R

IRSHAD ALI SHAH. J- It is alleged that the applicant was found negligently/malignantly was found transporting substance to cause infectious disease dangerous to human life, for that the present case was registered against him.

2.                     On having been refused post-arrest bail by learned trial Magistrate and learned 4^th Additional Sessions Judge, Larkana, the applicant has sought for the same from this Court by way of instant application under section 497 Cr.PC.

3.                     It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police without any justification, there is no independent witness to the incident, the property has been sent to the chemical examiner with unexplained delay of about six days, the case has finally been challaned and the applicant is in custody since three months without any active progress in trial. By contending so, he sought for release of the applicant on bail on point of further enquiry.

4.                     Learned A.P.G has opposed to grant of bail to the applicant by contending that the offence which he allegedly has committed is affecting the society at large.

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

6.                     The offence alleged is not falling within the prohibitory clause, there is no independent witness to the incident, though the complainant was having advance information of the incident, the property has been sent to the chemical examiner with delay of about six days without any plausible explanation to such delay, the case has finally been challaned and the applicant is in custody since three months, there is no chance of tampering with the evidence on the part of the applicant on his release on bail as all the witnesses of the prosecution against him are police personnel, in that situation, it is rightly being contended by learned counsel for the applicant that the applicant is entitled to grant of bail, as his case is calling for further enquiry.

7.                     In view of above, the applicant is admitted to bail subject to his furnishing surety in the sum of Rs.50,000/- and P.R bond in the like amount to the satisfaction of learned trial Magistrate.  

8.                     The instant application is disposed of accordingly.

                                                                                              J U D G E