ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-379 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

03.09.2020

Syed Fida Hussain Shah, Advocate for the applicant

                        Mr. Muhammad Noonari, Deputy Prosecutor General

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IRSHAD ALI SHAH, J.- The facts in brief necessary for disposal of instant bail application are that the applicant was found to be in possession of 10 K.Gs of the Charas, for that he was booked and challaned by the police. After full dress trial, he was convicted and sentenced by learned trial Court vide his judgment dated 03.07.2018. On appeal, it was set aside by this Court with direction to learned trial Court that FIR of the incident to be brought on record through its author. In the meanwhile, the applicant sought for his release on bail, pending disposal of his case, it was declined by learned trial Court and now he has approached this Court for his release on bail by way of instant application under section 497 Cr.PC.

2.        It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police; the evidence which the prosecution has produced before learned trial Court is inconsistent and the applicant is in custody for about four years, therefore, according to him the applicant is entitled to be released on bail, on point of further inquiry.

3.        Learned D.P.G. for the State has opposed to grant of bail to the applicant by contending that the applicant has been found to be guilty of the offence for which he has been charged; no further inquiry into guilt of the applicant is to be conducted and his case has been remanded only to cure a technical defect. By contending so, he sought for dismissal of the instant bail application, as the very case according to him is at the verge of its conclusion.

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

5.        As per prosecution, the applicant was found to be in possession of 10 K.Gs of the Charas and such allegation the prosecution has been able to prove against the applicant by producing cogent evidence, based upon such evidence, the applicant was convicted and sentenced accordingly by learned trial Court.  On appeal, such conviction has been set aside by this Court with direction to learned trial Court to bring on record the FIR of the incident through its author, such finding of this Court is hardly affecting the merits of the case.  The applicant may be in custody for about four years but it may hardly be a reason to enlarge him on bail in case like the present one, when the very case is said to be at the verge of its conclusion.

6.                    Consequently, the instant bail application is dismissed with direction to learned trial Court to conclude the trial against the applicant within one month, after receipt of copy of this order.

7.                    Needless to say that the observations recorded above are tentative in nature and it may not affect the case of the applicant or State at trial.

                              J U D G E