ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-184 of 2023

(Zaib Ali Chandio vs. The State).

DATE                           ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application.

11.05.2023.

Mr. Suhendar Kumar Gemnani, Advocate for applicant.

Mr. Shafi Muhammad Mahar, D.P.G for the State.

  -.-.-.-.-.-.-.-.-.-

IRSHAD ALI SHAH, J.- It is alleged that on arrest from the applicant was secured 02 K.Gs of Charas by police party of P.S, A-Section Shahdadkot, for that he was booked and reported upon. On having been refused post-arrest bail by learned Sessions/Special Judge (CNS) Qamber-Shahdadkot @ Qamber, the applicant has sought for the same from this Court by way of instant bail application under Section 497 Cr.PC.

2.        It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police; there is no independent witness to the incident and the Charas has been subjected to chemical examination with delay of about 15 days, therefore, the applicant is entitled to be released on bail on point of further enquiry.

3.        Learned D.P.G for the State has opposed to release of applicant on bail by contending that as per amendment introduced in CNS law, the minimum sentence prescribed for the alleged offence is 09 years and offence which the applicant has allegedly committed is affecting society at large. In support of his contention, he relied upon cases of Noor Khan Vs. The State (2021 SCMR-1212) and Gul Din Vs The State (2023 SCMR 306).

4.        Heard arguments and perused the record.

5.        As per FIR, on arrest of the applicant has been secured 02 K.Gs of the Charas. In that situation it would be premature to say that the applicant being innocent has been involved in this case falsely by the police by foisting upon him such recovery. The complainant and his witnesses of course are police officials but they could not be disbelieved by this Court at this stage only for the reason that they failed to associate with them independent person to witness the incident, ignoring the recovery of the Charas from the applicant which is substantiated with positive report of chemical examiner. The Charas of course has been subjected to chemical examination with delay of about 15 days but such delay is not enough to release the applicant on bail by making a conclusion that it is calling for further inquiry. The deeper appreciation of facts and circumstance is not permissible at bail stage. There appear reasonable grounds to believe that the applicant is guilty of the offence, with which he is charged; thus, no case for his release on bail on point of further inquiry is made out. Consequently, the instant bail application is dismissed, with direction to learned trial Court to expedite the disposal of very case against the applicant preferably within two months, after receipt of copy of this order.

                                                                                                   JUDGE