ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr.B.A.No. 872 of 2023

(Mst. Zareena @ Rajo vs. The State)

Date Order with signature of Judges

For hearing of bail application

08.06.2023

Mr. Muhammad Ali Rind advocate for the applicant

Mr. Talib Ali Memon Assistant Prosecutor General for the State

-.-.-.-.-.-.-.-.-.

It is alleged that on arrest from the applicant was secured 855 grams of heroin powder by police party of P.S Malir City, for that she was booked and reported upon. On having been refused bail by learned III-Additional Sessions Judge/MCTC Karachi Malir, the applicant has sought for the same from this Court by way of instant bail application under Section 497 Cr.PC.

It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police at the instance of her rival; there is no independent witness to the incident and she being lady of 40 years is entitled to be released on bail on point of further enquiry, which is opposed by Assistant Prosecutor General for the State by contending that she and her family is having criminal record and as per Sindh Act XIII of 2021, the punishment provided for the alleged offence is death or imprisonment for life or imprisonment for a term which may extend to 14 years and shall also be liable to fine upto One Million Rupees. In support of his contentions he relied upon case of Mst. Fursan vs. The State (2022 SCMR 1950).

Heard arguments and perused the record.

The applicant is named in FIR with specific allegation that on arrest from her has been secured 855 grams of heroin powder with positive report of chemical examiner. No doubt there is no independent witness to the incident, but for this reason the complainant and his witnesses could not be disbelieved by this Court at this stage. The applicant and her family members are having criminal record. If it is believed that the applicant is 40 years of age, even then this may not be made a reason for her release on bail. There appear reasonable grounds to believe that the applicant is guilty of the offence with which she is charged. No case for release of the applicant on bail on point of further inquiry is made out. Consequently, the instant bail application is dismissed with direction to learned trial Court to dispose of the very case against the applicant expeditiously preferably within 03 months after receipt of copy of this order.

JUDGE