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