IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Criminal Bail Application No. S-632 of 2022

(Khuda Bux Rind v State)

Date Order with signature of Judge

For hearing of Bail Application.

Date of hearing : 06.02.2023

Mr. Abdul Majeed Memon Advocate for applicant.

Mr. Shafi Muhammad Mahar, D.P.G.

O R D E R

Irshad Ali Shah, J. It is alleged that on arrest from the applicant was secured 1270 gram of Charas by police party of Police Station, Ubauro for that he was booked and reported upon. On having been refused bail by learned Incharge Additional Sessions Judge Ubauro, the applicant has sought for the same from this Court by way of instant application u/s 497, Cr.P.C.

2. Heard arguments and perused the record.

3. Despite advance information no independent person was associated by the police to witness arrest of the applicant and recovery of Charas from him; such omission could not be overlooked. The charas was secured in shape of 09 pieces, only one piece weighing to be 170 gram has been subjected to chemical examination that too with delay of about 05 days to its recovery. Perhaps in that context, it is contended by learned counsel for the applicant that the liability of the applicant, if any would be only to the extent of 170 gram of Charas. The case has finally been challaned. There is no apprehension of tampering with the evidence on the part of applicant, who is said to be in custody since 04 months without effective progress in trial of his case. In these circumstances the case for the release of applicant on bail on point of further enquiry is made out.

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

5. The instant bail application is disposed of accordingly.

J U D G E

Akber.