IN THE HIGH COURT OF SINDH AT KARACHI

Present: Justice Mrs. Rashida Asad

Criminal Bail Application No. 1648 of 2019

Date of hearing                     :           18.11.2019

Date of order                         :           18.11.2019

Applicant                           :              Ali Rehman through Mr. Tajjamul H. Lodhi Advocate

Respondent                        :              The State through Mr. Khadim Hussain, Addl. P.G.

ORDER

Mrs. Rashida Asad, J.- Through this Criminal Bail Application, applicant Ali Rehman s/o Haji Rehman sought post arrest bail in Crime No.540/2019 registered at P.S Aziz Bhatti, Karachi, for offences under Sections 269/270/337-J PPC.

2.         Relevant facts of the prosecution case for disposal of the application are that on 27.10.2019 at ASI Abdul Latif upon receiving spy information apprehended the applicant and allegedly recovered 75 packets of Rajni Gutka. Such FIR was lodged against the applicant on behalf of state. The applicant approached learned trial Court for grant of post arrest bail, but the same was dismissed vide order dated 01.11.2019. Hence, present bail application.

3.         Learned counsel for the applicant has submitted that the applicant/accused was arrested from a thickly populated area on spy information, but no private independent witness has been associated ; that the applicant/accused is innocent and Section 337-J PPC is not attracted in the present case ; that nothing has been recovered from the exclusive possession of the applicant/accused and the alleged recovery has been foisted upon him ; that there is no direct evidence against the applicant/accused and it is a fit case for further inquiry.

4.          Learned Addl. PG while supporting the impugned order has contended that no malice on the part f the police is alleged by the applicant to falsely implicate him ; that the material recovered from the possession of the applicant/accused is banned Gutka which is harmful and injurious to health and causing cancer of lips, mouth, tongue, throat and esophagus and for such like offences Section 337-J PPC is applicable which falls within the prohibitory clause of Section 497(1) Cr.PC ; the case is at initial stage and if the applicant/accused is granted bail, certainly he will repeat the offence. However, he has not disputed the fact that in similar offences this Court has granted bail to different accused and halfheartedly conceded to the grant of bail.

5.         After hearing the learned counsel for the parties and perusing the record, it is observed that whole case of the prosecution is based upon the evidence of police officials and no private independent witness has been associated despite the fact that the place from where the applicant/accused was arrested is a thickly populated area. The evidence of the police officials are required to be scrutinized minutely at the time of trial, whether the alleged incident has taken place in a fashion as stated in the FIR or not. The case has been challaned and the applicant/accused is no more required for investigation. Involvement of accused under Section 337-J PPC is to be proved by the prosecution after recording evidence whether the alleged Gutka recovered from the possession of applicant/accused could hurt to anybody being administered to him, hence the matter requires further probe into the guilt of applicant. Even otherwise, learned Additional Prosecutor General Sindh has conceded grant of bail to the present applicant on the ground that under similar circumstances, accused in same nature offence, have been granted bail by this Court. There is no other case registered against the present applicant and he is behind the bars since the day of his arrest i.e. 27.10.2019, and he is no more needed in police investigation, hence his incarceration will serve no useful purpose. Resultantly, the bail application is allowed and the applicant/accused Ali Rehman s/o Haji Rehman is admitted to bail subject to furnishing his solvent surety in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with PR bond in the like amount to the satisfaction of the Nazir of this Court. These are the reasons for the short order announced on 18.11.2019.

6.         Needless to mention that observations made hereinabove are tentative in nature and the trial Court shall not be influenced upon by the same, while deciding the case on merits.

            Bail application stands disposed of. 

    JUDGE