ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

2^nd Crl.Bail Appln.No.S-352 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

04.09.2020

Mr.Ghulam Muhammad Barejo, Advocate for applicant

                        Mr. Muhammad Noonari, Deputy Prosecutor General

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IRSHAD ALI SHAH, J.- The applicant on having been found in possession of 3020 grams of Charas, was booked and reported upon by the police. He was refused bail by learned trial Court and now has sought for the same from this Court 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; there is no independent witness to the incident; the offence alleged  against the applicant is not falling within prohibitory clause of Section 497 Cr.PC; the report of Chemical Examiner is still awaited; the applicant is in custody since eight months and case against him has not been concluded by learned trial Court within stipulated time of fifty days as was prescribed by this Court, therefore, 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 committed the offence, which is affecting the society at large. By contending so, he sought for dismissal of the instant bail application.

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

5.        The name of the applicant is appearing in the FIR with specific allegation that he was found in possession of 3020 grams of Charas by police party of P.S A-Section Shahdadkot. In that situation, it would be pre-mature to say that the applicant being innocent has been involved in this case falsely.  No doubt, there is no independent witness to the incident but such fact is not enough to disbelieve the police officials by this Court that too at this stage. The offence alleged against the applicant is entailing with it the punishment of death or life and it is falling within prohibitory clause. The custody of the applicant for about six months in case like present one is not enough to make a conclusion that it is case of hardship. The report of the Chemical Examiner is available on file. There was nothing in order of this Court which may suggest that if the case against the applicant is not concluded within prescribed period, then he should be admitted to bail as matter of right. There appear reasonable grounds to believe that the applicant is guilty of the offence for which he is charged.

6.                    No case for grant of bail to the applicant is made out. Consequently, the instant bail application is dismissed.

                                     J U D G E