ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 939 of 2023

(Umer @ Lehri vs. The State)

Date Order with signature of Judges

For hearing of bail application

26.06.2023

Mr. Muhammad Ibrahim Abro, Advocate for the Applicant.

Ms. Rubina Qadir DPG for the State

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

It is alleged that the applicant was found to be in possession of 1100 grams of charas by police party of PS Ibrahim Hyderi, Karachi, for that he was booked and reported upon. On having been refused bail by learned IV-Additional Sessions Judge Malir Karachi, he has sought for the same from this Court by way of instant bail application u/s 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; there is no independent witness to the incident, therefore, he is entitled to be released on bail on point of further inquiry, which is opposed by DPG for the State by contending that the applicant is having criminal record and as per Amendment introduced in CNS the minimum punishment prescribed for the said offence is 09 years.

Heard arguments and perused the record.

The applicant is named in FIR with specific allegation that on arrest from him has been secured 1100 grams of charas by the police party of P.S Ibrahim Hydri 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; they indeed were having no reason to have involved the applicant in this case falsely by foisting upon him the huge quantity of narcotic substance. As per impugned order, the applicant is having criminal record. The offence alleged against the applicant is affecting the society at large. There appear reasonable grounds to believe that the applicant is guilty of the offence with which he 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 him within 03 months after receipt of copy of this order.

JUDGE