ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No. S-485 of 2022

 

 

For Hearing of bail application

16-01-2023.

Mr. Shabbir Ali Bozdar, advocate for the applicant.

Mr. Shafi Muhammad Mahar, Deputy P.G the State.

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Irshad Ali Shah J:- It is alleged that on arrest from the applicant, was secured 1500 grams of charas by police party of PS Ubauro led by complainant SIP Niaz Ahmad Korai, for that the present case was registered.

2. The applicant on having been refused post arrest bail by learned trial Court; has sought for the same from this court by way of instant bail application u/s 497 Cr.P.C.

3. It is contended by learned counsel for the applicant that the applicant being innocent and has falsely been involved in this case by the police; there is no independent witness to the incident and only 200 grams of charas has been subjected to chemical examiner. By contending so, he sought for release of the applicant on bail on the point of further inquiry. In support of his contention, he has relied upon the cases of Nazir Ahmad alias Bhaga Vs. The State and others (2022 SCMR 1467).

4. Learned D.P.G for the State has opposed to release of the applicant on bail by contending that the offence which the applicant has allegedly committed is affecting the society at large.

5. Heard arguments and perused the record.

6. Despite advance information, no independent person was associated by the complainant to witness the possible arrest of the applicant and recovery of charas from him; the charas, as per FIR was recovered in shape of pieces. How many those pieces were? It is not made known. Only 200 grams of the charas has been subjected to chemical examination, therefore, liability of the applicant, if any, would be only to that extent. The case is finally been challaned and there is no apprehension of tempering with the evidence on the part of applicant, who is said to be in custody for more than six months without effective progress in trial of his case. In these circumstances, a case for release of the applicant on bail on point of further inquiry obviously is made out.

7. In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.50,000/-and PR bond in the like amount to the satisfaction of learned trial Court.

8. The instant bail application is disposed of accordingly.

 

JUDGE

Nasim/P.A