ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-416 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

18.09.2020

Mr. Dildar Ali Chandio, Advocate for the applicants

                        Mr. Muhammad Noonari, Deputy Prosecutor General

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IRSHAD ALI SHAH, J.- It is alleged that the applicants were found transporting through their Car 13 sacks, each was containing 50 packets of “Safeena Sopari” a substance, consumption whereof is injurious to health of people, for that the present case was registered and on usual investigation, the applicants were challaned to face trial for offence punishable under section 4/8 of Sindh Prohibition of Preparation, Manufacturing, Storage, Sale and Use of Gutka and Manpuri Act, 2019.

2.        The applicants on having been refused post arrest bail by learned Incharge Sessions Judge, Dadu, have sought for the same from this Court by way of instant application u/s 497 Cr.P.C.

3.        It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the police; there is no independent witness to the incident; the offence alleged against the applicants is not falling within the prohibitory clause of section 497 Cr.PC and the applicants are in custody for more than two months. By contending so, he sought for post arrest bail for the applicants on point of further enquiry.

4.        Learned D.P.G. for the State has opposed to grant of bail to the applicants by contending that the offence which they have committed is affecting the society at large.

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

6.        There is no independent witness to the incident. The offence alleged against the applicants is not falling within the prohibitory clause of section 497 Cr.PC. The report of the chemical examiner is still awaited and the applicants are in custody for more than two months. In that situation, the guilt of the applicants obviously is calling for further inquiry.

7.        In view of above, the applicants are admitted to post arrest bail subject to their furnishing solvent surety in sum of Rs.50,000/- each and P.R bond in the like amount to the satisfaction of learned trial court.

8.        The instant bail application is disposed of accordingly.

J U D G E