ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S- 248 of 2021

For hearing of bail application

30-04-2021.

Mr. Ghulam Murtaza Korai, advocate for applicant.

Mr. Khalil Ahmed Maitlo, DPG for the State.

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Irshad Ali Shah, J;- It is alleged that on arrest from the applicant, were secured 24 bottles containing wine by police party of PS Mirpur Mathelo led by HC Abdul Haq, for that the present case was registered.

2. The applicant on having been refused post-arrest bail by learned trial Magistrate and learned IVth Additional Sessions Judge Mirpur Mathelo, has sought for the same from this Court by way of instant bail application under Section 497 Cr.P.C.

3. It is contended by learned counsel for the applicant that applicant being innocent has been involved in this case falsely by the police; there is no independent witness to the incident and offence alleged against the applicant is not falling within prohibitory clause of section 497 (II) Cr.P.C, therefore, the applicant is entitled to be released on bail on point of further inquiry.

4. Learned DPG for the State has opposed to release of the applicant on bail 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. There is no independent witness to the incident. The report of the chemical examiner is still awaited. The offence alleged against the applicant is not falling within prohibitory clause of section 497 (II) Cr.P.C and applicant is in custody for more than one month. In these circumstances the guilt of the applicant is calling for further inquiry.

7. In case of Tariq Bashir and 5 others vs. The State (PLD 1995 SCMR-34), it has been held by Hon’ble Apex Court that;-

“—Ss.496 & 497---Bail---Grant of bail in bailable offence is right while in non‑bailable offences the grant of bail is not a right but concession/grace--- Grant of bail in offences punishable with imprisonment for less than 10 years is a rule and refusal an exception.”

8. In view of above, applicant is admitted to post arrest bail, subject to his furnishing solvent surety in the sum of rupees one lac and P.R bond in the like amount to the satisfaction of learned trial Magistrate.

9. The instant Crl. Bail Application is disposed of accordingly.

Judge

Nasim/Steno.